Marketable Record Title

Division 2, Part 2, Title 5 deals with marketable record title. Chapter 1 provides general provisions. Article 1 deals with the construction of Civil Code provisions related to real property in California.

Section 880.020 provides four declarations of legislative public policy. Also, a statement of legislative purpose is set forth.

Section 880.030 states that nothing in this title is to be construed limit application of the principles of waiver and estoppel, laches, and other equitable principles, or to affect the operation of any statute governing the effect of recording or failure to record, except as specifically provided in this title.

Article 2 deals with the application of the title. Section 880.240 provides that four specified interests are not subject to expiration or expiration of record pursuant to this title.

Section 880.250 states that the times prescribed in this title for expiration or expiration of record of an interest in real property or for enforcement, for bringing an action, or for doing any other required act are absolute and apply notwithstanding any disability or lack of knowledge of any person or any provisions for tolling a statute of limitation and notwithstanding any longer time applicable pursuant to any statute of limitation.

Section 880.260 provides that an interest in real property does not expire or expire of record and is not unenforceable pursuant to this title at the time prescribed in this title if within the time an action is commenced to enforce, establish, clear title to, or otherwise affect the interest and a notice of the pendency of the action is recorded as provided by law. For the purpose of this section, action includes special proceeding and arbitration proceeding.