Securing money or money's worth "mortgage money" means money or "mortgage" includes any charge or lien on any property for Mines and minerals, or purposes connected therewith, and includes a grant or Winning, working, getting, making merchantable, carrying away, or disposing of "mining lease" means a lease for mining purposes, that is the searching for, Seam of minerals or substances in or under any land, and powers of working and Hereditaments also a rent and other incorporeal hereditaments, and anĮasement, right, privilege, or benefit in, over, or derived from the land andĪlso an undivided share in land and mines and minerals include any strata or Is horizontal, vertical or made in any other way) and other corporeal "land" includes land of any tenure, and mines and minerals whether or not heldĪpart from the surface, buildings or parts of buildings (whether the division "instrument" includes deed and will but does not include a statute, unless the The benefit of an incumbrance, or to require payment or discharge thereof Money, and a lien, and a charge of a portion,Īnnuity, or other capital or annual sum and "incumbrancer" has a meaningĬorresponding with that of incumbrance, and includes every person entitled to "incumbrance" includes a legal or equitable mortgage and a trust for securing "disposition" includes a conveyance and also a devise, bequest, or anĪppointment of property contained in a will and dispose of has a Of property or of an interest therein by any instrument, except a will convey disclaimer, release, surrender, extinguishment and every other assurance "conveyance" includes a mortgage, charge, lease, assent, vesting declaration, "building purposes" includes the erecting and improving of and the adding to,Īnd the repairing of buildings and a building leaseis a lease forīuilding purposes or purposes connected therewith Other act or proceeding in law having under any law for the time being inįorce effects or results similar to those of bankruptcy "bankruptcy" includes insolvency and liquidation by arrangement and also any 137, 139 (“If he did not then own that part of the section included in lots 7, 8, 9, and 10, his title, subsequently acquired, inured to the benefit of his grantees”).(1) In this Part unless inconsistent with the 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. The former is ineffective to convey property. 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 Tenants in Common with Right of Survivorship 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. 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. This blog discusses conveyed property in general as well as different scenarios when someone tries to convey more property than they own.
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