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liable to be defeated, to be on that ground adjudged void in its creation.

741. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by the next section, or where a forfeiture is imposed by statute as a penalty for the violation thereof.

742. No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period.

TITLE III.
General Definitions.

Section
749. Time of creation, what.

Section

748. Income, what.

748. The income of property, as the term is used in this part of the code, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property.

749. The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest, within the meaning of this part of the code.

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755. Real property within this state is governed by the law of this state, except where the title is in the United States. 1873-218.

TITLE II.

Estates in Real Property.
Chapter 1. Estates in General.

II. Termination of Estates.
III. Servitudes.

CHAPTER I.

Estates in General. Section

Section 761. Enumeration of estates. 773. Remainders, future and con762. Estate in fee simple.

tingent estates. 763. Conditional fees, estates-tail 774. Life estates, limitations. abolished.

775. Remainders generally. 764. Certain remainders valid. 776. Contingent remainders, gen765. Freeholds, chattels real,

erally. chattel interests.

777. Remainder of estates for 766. Estates, life, third person,

life. freehold.

778. Remainder upon a contin: 767. Future estates.

gency. 768. Reversions.

779. Life tenant heirs, purchasers. 769. Remainders.

780. Construction, certain remain770. Suspended ownership.

ders. 771. Suspension by trust.

781. Effect, power of appoint772. Contingent remainder in fee.

ment. 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. 1873 -218.

763. Estates-tai 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 estate, 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. 1873--218.

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.

768. A reversion is the residue of an estate left by operation 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. 1873-218.

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 seven hundred and fifteen.

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.

773. Subject to the rules of this title, and of part one 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 contingent or vested, may be created, expectant on the determination 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 subsequent 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. 1873–219.

775. No remainder can be created upon successive estates for life, provided for in the preceding section. unless such

eceding 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. 1873–219.

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 case such power is not executed.

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CHAPTER II.

Termination of Estates. Section

Section 789. Termination of estates. 792. Summary proceedings. 790. Notice, effect.

793. Notice generally. 791. Re-entry generally.

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 thirty days, to be specified in the notice. 1911-61.

790. After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may re-enter, or proceed according to law to recover possession.

791. Whenever the right of re-entry is given to a grantor or lessor in any grant or lease, or otherwise, such re-entry may be made at any time after the right has accrued, upon three days' notice, as provided in sections eleven hundred and sixty-one and eleven hundred and sixty-two, Code of Civil Procedure.

792. Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in sections eleven hundred and fifty-nine to eleven hundred and seventy-five, both inclusive, of the Code of Civil Procedure.

793. An action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, after the right to re-enter has accrued, without the notice prescribed in section seven hundred and ninety-one. 1905--599.

CHAPTER III.

Servitudes.

Section

Section 801. Servitudes attached to land. 808. Rights of owner, future 802. Servitudes not attached to

estate. land.

809. Actions owner, dominant 803. Designation of estates.

tenement. 804. By whom grantable.

810. Actions owner, servient 805. By whom held.

tenement. 806. Extent of servitudes.

811. How extinguished. 807. Apportioning easements.

801. The following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements:

1. The right of pasture; 2. The right of fishing; 3. The right of taking game; 4. The right of way; 5. The right of taking water, wood, minerals, and other things; 6. The right of transacting business upon land; 7. The right of conducting lawful sports upon land;

8. The right of receiving air, light, or heat from or over, or discharging the same upon or over land;

9. The right of receiving water from or discharging the same upon land;

10. The right of flooding land;

11. The right of having water flow without diminution or disturbance of any kind;

12. The right of using a wall as a party-wall;

13. The right of receiving more than natural support from adjacent land or things affixed thereto;

14. The right of having the whole of a division fence maintained by a coterminous owner;

15. The right of having public conveyances stopped, or of stopping the same on land;

16. The right of a seat in church; 17. The right of burial.

802. The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:

One. The right to pasture, and of fishing and taking game.
Two. The right of a seat in church.
Third. The right of burial.
Four. The right of taking rents and tolls.
Five. The right of way.

Six. The right of taking water, wood, minerals, or other things. 1873-219.

803. The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement.

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