Preservation of Interests

Civil Code Division 2, Part 2, Title 5, Chapter 1, Article 3 deals with preservation of interests in marketable record title for real property in California.

Section 880.310 provides that, 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.

Section 880.320 provides that a notice of intent to preserve an interest in real property may be recorded by any of two specified persons.

Section 880.330 states that, subject to all statutory requirements for recorded documents, there is a notice of intent to preserve an interest in real property that must be in writing and signed and verified by or on behalf of the claimant, and the notice is required to contain all three of the specified items of information.

Section 880.340 provides that, subject to all statutory requirements for recorded documents, a notice of intent to preserve an interest in real property is required to be in substantially the specified form.

Section 880.350 states that a notice of intent to preserve an interest in real property is required to be recorded in the county in which the real property is situated. The county recorder is required to index a notice of intent to preserve an interest in real property in the index of grantors and grantees.

Section 880.360 prohibits a person from recording 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 is required to award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the recording.

Section 880.370 states that, 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.