(a)As used in this chapter:
(1)“Power of termination” means the power to terminate a fee simple estate in real property to enforce a restriction in the form of a condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as a power of termination, right of entry or reentry, right of possession or repossession, reserved power of revocation, or otherwise, and includes a possibility of reverter that is deemed to be and is enforceable as a power of termination pursuant to
Section 885.020.
(2)“Power of termination” includes the power created in a transferee to terminate a fee simple estate in real property to enforce a restriction on the use of the real property in the form of a limitation or condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as an executory interest, executory limitation, or otherwise, and includes the interest known at common law as an executory interest preceded by a fee simple determinable.
(b)A power of termination is an interest in the real property.
(c)For the purpose of applying this chapter to other statutes relating to powers of termination, the terms “right of reentry,” “right of repossession for breach of condition subsequent,” and comparable terms used in
the other statutes mean “power of termination” as defined in this section.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1999–2024 · leading case:
Cnty. of Solano v. Handlery, 155 Cal. App. 4th 566 (Cal. Ct. App. 2007).
Cnty. of Solano v. Handlery, 155 Cal. App. 4th 566 (Cal. Ct. App. 2007).
“” This language, which is now construed as a power of termination (Civ. Code, § 885.010), was omitted from the 1947 quitclaim deed.”
City of Palm Springs v. Living Desert Reserve, 70 Cal. App. 4th 613 (Cal. Ct. App. 1999).
“Code, §§ 885.010 & 885.020.) 5 That comment provides in relevant part: “If, viewed from the time of the commencement of an eminent domain proceeding, and not taking into account any changes in the use of the land sought to be condemned which may result as a consequence of such…”
Peterson v. Wells Fargo Bank, N.A., 236 Cal. App. 4th 844 (Cal. Ct. App. 2015).
“) 4 Civil Code section 885.010, subdivision (a) provides: “(a) As used in this chapter: “(1) ‘Power of termination’ means the power to terminate a fee simple estate in real property to enforce a restriction in the form of a condition subsequent to which the fee simple estate is…”
Tesoro Refining & Mktg. Co. v. Rickley, No. B317441 (Cal. Ct. App. Mar. 25, 2024).
“030), powers of termination [the power to terminate a fee simple estate in real property to enforce a restriction on the use of the real property] (Civ. Code, §§ 885.010–885.070), unperformed contracts for the sale of real property (Civ.”
Palmer v. Silveira, No. H037588 (Cal. Ct. App. Mar. 19, 2013).
“(Civ. Code, § 885.010, subd. (a)(1).) This action, in contrast, concerns servitudes imposed and assumed by 17 adjoining property owners by mutual assent.”
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