PART II. REAL OR IMMOVABLE PROPERTY. TITLE I. GENERAL PROVISIONS, § 755. II. ESTATES IN REAL PROPERTY, §§ 761-811. 841. IV. USES AND TRUSTS, §§ 847-871. TITLE I. GENERAL PROVISIONS. SECTION 755. Real property, how governed. $755. REAL property within this State is governed by the law of this State, except where the title is in the United States. [In effect July 1, 1874.] TITLE II. ESTATES IN REAL PROPERTY. CHAPTER I. ESTATES IN GENERAL, §§ 761-781. CHAPTER I. ESTATES IN GENERAL. SECTION 761. Enumeration of estates. 762. What estate a fee simple. 763. Conditional fees and estates tail abolished. SECTION 765. Freeholds. Chattels real. Chattel interests. 768. Reversions. 769. Remainders. 770. Limitations of chattels real. 771. Suspension by trust. 772. Contingent remainder in fee 773. Remainders, future and contingent estates, how created. 774. Limitation of successive estates for life. 775. Remainder upon estates for life of third person. 776. Contingent remainder on a term of 777. Remainder of estates for life. 778. Remainder upon a contingency. years. 779. Heirs of a tenant for life, when to take as purchasers. 781. Effect of power of appointment. $761. Estates in real property, in respect to the duration of their enjoyment, are either: 1. Estates of inheritance or perpetual estates; 2. Estates for life; 3. Estates for years; or, 4. Estates at will. § 762. Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple, or an absolute fee. [In effect July 1, 1874.] § 763. Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple; and if no valid remainder is limited thereon, is a fee simple absolute. § 764. Where a remainder in fee is limited upon any es tate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession on the death of the first taker, without issue living at the time of his death. § 765. Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution. § 766. An estate, during the life of a third person, whether limited to heirs or otherwise, is a freehold. [In effect July 1, 1874.] § 767. A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time. 49 Cal. 374. § 768. A reversion is the residue of an estate left by oper ation of law in the grantor or his successors, or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised. § 769. When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name. § 770. The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee. [In effet July 1, 1874.] § 771. The suspension of all power to alienate the subject of a trust, other than a power to exchange it for other property to be held upon the same trust, or to sell it and reinvest the proceeds to be held upon the same trust, is a suspension of the power of alienation, within the meaning of section. 715. 58 Cal. 481. § 772. A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one years, or upon any other contingency by which the estate of such persons may be determined before they attain majority. 58 Cal. 474. $773. Subject to the rules of this title, and of Part I. of this division, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either coiltingent or vested, may be created, expectant on the determi nation of a term of years; and a fee may be limited on a fee upon a contingency, which, if it should occur, must happen within the period prescribed in this title. § 774. Successive estates for life cannot be limited, except to persons in being at the creation thereof, and all life estates Bubsequent to those of persons in being are void; and upon the death of those persons the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created. [In effect July 1, 1874.] $775. No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years, unless it is for the whole residue of such term. [In effect July 1, 1874.] § 776. A contingent remainder cannot be created on a term of years, unless the nature of the contingency on which it is limited is such that the remainder must vest in interest during the continuance or at the termination of lives in being at the creation of such remainder. § 777. No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate. § 778. A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation. § 779. When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life. § 780. When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years. § 781. A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in ase such power is not executed. CHAPTER II. TERMINATION OF ESTATES. SECTION 799. Tenancy at will may be terminated by notice. 790. Effect of notice 791. Reëntry, when and how to be made 792 Summary proceedings in certain cases provided for § 789. A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice in writing to the tenant, in the manner prescribed by section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than one month, to be specified in the notice. 56 Cal. 128. § 790. After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reënter, or proceed according to law to recover possession. 56 Cal. 128. § 791. Whenever the right of reëntry is given to a grantor or lessor in any grant or lease, or otherwise, such reëntry may be made at any time after the right has accrued, upon three days notice, as provided in sections 1161 and 1162, Code of Civil Procedure. 56 Cal. 128. § 792. Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in sections 1159 to 1175, both inclusive, of the Code of Civil Procedure. § 793. An action for the possession of real property leased or granted, with a right of reëntry, may be maintained at any time, in the district court, after the right to reënter has ac crued, without the notice prescribed in section 791. |