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HomeCivil CodeDiv. 4Pt. 1Ch. 2Art. 1§ 3305 Incumbrance Breach Damages

§ 3305 Incumbrance Breach Damages

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

§ 3305 Incumbrance Breach Damages

Key Takeaways

  • •If someone sells you land but doesn't tell you about debts or problems tied to it, they broke a promise.
  • •You can get back the money you spent to fix those hidden problems, but not more than what the land was worth when you bought it.
  • •If the problem is ongoing (like yearly fees), you can only get back the interest on the money you spent, not the full amount.

Example

You buy a house, but later find out the seller didn’t tell you about a $10,000 lien (a debt) on the property. You have to pay it off to keep the house.

The law says you can get back the $10,000 you spent, but only if it’s not more than the part of the house’s value that was affected by the lien. If the house was worth $100,000 and the lien was on half of it, you’d get up to $5,000 back.

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

Official Source
View on CA.gov

§ 3305 Incumbrance Breach Damages

The detriment caused by the breach of a covenant against incumbrances in a grant of an estate in real property is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof, not exceeding in the former case a proportion of the price paid to the grantor equivalent to the relative value at the time of the grant of the property affected by the breach, as compared with the whole, or, in the latter case, interest on a like amount. (Enacted 1872.)

Last verified: January 21, 2026

Key Terms

covenant against incumbrancesdetrimentcovenanteegrantorrelative value

Related Statutes

  • § 1093 Property Description Consolidation
  • § 3302 Money Breach Damages Calculation
  • § 3306 Real Property Breach Damages
  • § 3307 Real Estate Breach Damages
  • § 3315 Carrier Breach Damage Calculation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 3305.
View Official Source