#Deed conveyance code

#Deed conveyance code

This section of the code holds that “where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title, or claim of title thereto, the same passes by operation of law to the grantee, or his successors.” See also Cecil v. The after-acquired title doctrine is codified into California Civil Code section 1106. This is known as the doctrine of the after-acquired title. However, if the grantor later acquires rights to the over-included property, the grantee automatically becomes the owner of the excess property. If this is the case, the deed conveys only the property then owned by the grantor. The result is different where a grantor conveys more than what the grantor owns.

By law, a conveyance of property that the grantor does not own is considered a “wild deed” and has no effect on the title of the person who holds real title to the subject property. in the registry of deeds where the instrument of conveyance is recorded. The former is ineffective to convey property. In any conveyance of real property or any interest in real property in this. If the property transferred is less than fee simple, then this suggests that perhaps the grantor reserved some interest in the property either in the grantor or a third party.ĪLSO READ Community Property Presumptions Property that Grantor does not ownĬomplications arise when the grantor conveys property the grantor does not own or conveys more than the grantor actually owns.

The grantor may convey the entirety of the parcel without any reservations through a transfer otherwise known as a transfer in fee simple. The person conveying the property is known as the grantor and the person receiving the property is the grantee. Conveyed by DeedĪs a precursor, real property can be conveyed by deed or other instrument of transfer. Nevertheless, there are circumstances when the grantor either attempts to convey land they do not own (due to fraud) or conveys more land than what the grantor actually owns by mistake. For a conveyance to be effective, the grantor in Los Angeles (someone who transfers a property right to a grantee.) undoubtedly has to own the property the grantor conveys. Normally, real property is conveyed or transferred through a deed. Real property can be transferred for its entirety or a portion thereof. This blog discusses conveying property in general as well as different scenarios when someone tries to convey more property than they own. There are many ways to convey an interest in real property, those ways are easily defined and explained through the use of various types of real property deeds.