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HomeCivil CodeDiv. 2Pt. 4Ch. 1Art. 5§ 1085 Property Interest Transfer Rules

§ 1085 Property Interest Transfer Rules

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1085 Property Interest Transfer Rules

This law says that a person can have a legal right or benefit from rules about property even if their name isn’t mentioned in the document that creates those rules.

Key Takeaways

  • •You can have rights or benefits from property rules without being named in the document.
  • •The rule applies to any natural person (a regular person) who has a current interest in the property.
  • •The condition or covenant about the property still works for them.

Example

A homeowner puts a rule in a deed that the property must stay neat and the yard must be mowed regularly, but the homeowner doesn’t list the next-door neighbor by name in the deed.

Even though the neighbor isn’t named, they still have to follow the mowing rule because they have a present interest in the property and can benefit from that condition.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1085 Property Interest Transfer Rules

A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

present interestcondition or covenantnatural persongrant

Related Statutes

  • § 1052 Property Transfer Requirements
  • § 1054 Grant Delivery Requirements
  • § 1055 Grant Delivery Presumption
  • § 1056 Conditional Grant Delivery Prohibited
  • § 1057 Escrow Grant Conditions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1085.
View Official Source