Mode of Transfer of Real Property

Division 2, Part 4, Title 4, Chapter 2, Article 1 of the Civil Code deals with the mode of transfer in the transfer and acquisition of real property in California.

Section 1091 provides that an estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.

Section 1092 says that a grant of an estate in real property may be made in substance as specified in this section.

Section 1093 provides that, absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained in one or more documents, does not operate in any manner to alter or affect the separate and distinct nature of the real property so described in the subsequent single instrument of conveyance or security document containing either the listing of or the consolidated legal description of the parcels so conveyed or secured thereby.

Section 1095 states that, when an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact.

Section 1096 says that any person in whom the title of real estate is vested, who will afterwards, from any cause, have his or her name changed, must, in any conveyance of said real estate so held, set forth the name in which he or she derived title to said real estate.

Section 1097 provides that no vendor or lessor of a single family residential property must contract for or exact any fee in excess of $10 for the act of signing and delivering a document in connection with the transfer, cancellation or reconveyance of any title or instrument at the time the buyer or lessee exercises an option to buy, or completes performance of the contract for the sale of, the property.

Section 1098 defines the term “transfer fee” as nine specified items.

Section 1098.6 prohibits a transfer fee from being created. However, this subdivision does not apply to excepted transfer fee covenants. Excepted transfer fee covenants are not required to comply with specified sections of law. This subdivision does not apply to a private transfer fee covenant if all of the six specified requirements are met.

Section 1099 provides that, as soon as practical before transfer of title of any real property or the execution of a real property sales contract, the transferor, fee owner, or his or her agent, is required to deliver to the transferee a copy of a structural pest control inspection report prepared upon which any certification may be made, provided that certification or preparation of a report is a condition of the contract effecting that transfer, or is a requirement imposed as a condition of financing such transfer.