§ 1105 Presumed Fee Simple Grants

Civil Code·California

AI SummaryVerified

This law says that when someone gives land, it's assumed they want to give full ownership unless the document clearly says they only meant to give a smaller interest.

Key Takeaways

•Full ownership is presumed when real property is transferred.
•Only a clear statement can limit the estate to something less than full ownership.
•This rule applies to deeds, wills, and other property grants.

Example

A grandfather leaves his house to his granddaughter in his will, but the will just says "I give my house to my granddaughter."

The law treats this as giving her full ownership of the house, not just a temporary right, because the will doesn't say otherwise.

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

Official Source

View on CA.gov

§ 1105 Presumed Fee Simple Grants

A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

fee simple title grant of real property lesser estate

References

Official text at leginfo.legislature.ca.gov
California Legislature. Civil Code. Section 1105.

Key Takeaways

Example

Key Terms

Related Statutes

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Key Takeaways

Example

Key Terms

Related Statutes

References