ARTICLE 3. Preservation of Interests [880.310 - 880.370]
( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. )
(a) If the time within which an interest in real property expires pursuant to this title depends upon recordation of a notice of intent to preserve the interest, a person may preserve the person’s interest from expiration by recording a notice of intent to preserve the interest before the interest expires pursuant to this title. Recordation of a notice of intent to preserve an interest in real property after the interest has expired pursuant to this title does not preserve the interest.
(b) Recordation of a notice of intent to preserve an interest in real property
does not preclude a court from determining that an interest has been abandoned or is otherwise unenforceable pursuant to other law, whether before or after the notice of intent to preserve the interest is recorded, and does not validate or make enforceable a claim or interest that is otherwise invalid or unenforceable. Recordation of a notice of intent to preserve an interest in real property creates a presumption affecting the burden of proof that the person who claims the interest has not abandoned and does not intend to abandon the interest.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
A notice of intent to preserve an interest in real property may be recorded by any of the following persons:
(a) A person who claims the interest.
(b) Another person acting on behalf of a claimant if the person is authorized to act on behalf of the claimant or if the claimant is one of a class whose identity cannot be established or is uncertain at the time of recording the notice of intent to preserve the interest.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
Subject to all statutory requirements for recorded documents:
(a) A notice of intent to preserve an interest in real property shall be in writing and signed and verified by or on behalf of the claimant. If the notice is made on behalf of a claimant, the notice shall include a statement of the authority of the person making the notice.
(b) The notice shall contain all of the following information:
(1) The name and mailing address of the claimant. If the
notice is made by or on behalf of more than one claimant the notice shall contain the name and mailing address of each claimant.
(2) A statement of the character of interest claimed. The statement shall include a reference by record location to the recorded document that creates or evidences the interest in the claimant.
(3) A legal description of the real property in which the interest is claimed. The description may be the same as that contained in the recorded document that creates or evidences the interest in the claimant.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
Subject to all statutory requirements for recorded documents, a notice of intent to preserve an interest in real property shall be in substantially the following form:
RECORDING INFORMATION |
|
Recording requested by: | FOR USE OF COUNTY
RECORDER |
After recording return to: | Indexing instructions.
This notice must be
indexed as follows: Grantor and grantee
index—each claimant
is a grantor. |
|
NOTICE OF INTENT TO PRESERVE INTEREST |
|
This notice is
intended to preserve an interest in real property from extinguishment pursuant to Title 5 (commencing with Section 880.020) of Part 2 of Division 2 of the Civil Code (Marketable Record Title). |
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Claimant | Name: | | |
| Mailing address:
(must be given for each claimant) |
| | |
Interest | | Character (e.g., power of
termination): Record location of document
creating or evidencing
interest in claimant: |
| |
Real Property | Legal description (may be same
as in recorded document
creating or evidencing
interest in claimant): |
|
I assert under penalty of perjury that this notice is not recorded for the purpose of slandering title to real property and I am informed and believe that the information contained in this notice is true. If this notice is made on behalf of a claimant, I assert under penalty of perjury that I am authorized to act on behalf of the claimant. |
Signed: | (claimant) (person acting on behalf of claimant) | Date: |
Certificate of acknowledgment required. |
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|
| | |
(Amended by Stats. 2012, Ch. 94, Sec. 1. (AB 1642) Effective January 1, 2013.)
(a) A notice of intent to preserve an interest in real property shall be recorded in the county in which the real property is situated.
(b) The county recorder shall index a notice of intent to preserve an interest in real property in the index of grantors and grantees. The index entry shall be for the grantor, and for the purpose of this index, the claimant under the notice shall be deemed to be the grantor. If a notice of intent to preserve is recorded by or on behalf of more than one claimant, each claimant shall be deemed to be a grantor and a separate index
entry shall be made for each claimant.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
A person shall not record a notice of intent to preserve an interest in real property for the purpose of slandering title to the real property. If the court in an action or proceeding to establish or quiet title determines that a person recorded a notice of intent to preserve an interest for the purpose of slandering title, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the recording.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
If the period prescribed by statute during which a notice of intent to preserve an interest in real property must be recorded expires before, on, or within five years after the operative date of the statute, the period is extended until five years after the operative date of the statute.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)