has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable, and has been united without the knowledge of its owner, who may, in the latter case, require it to be separated and returned to him, although some injury should result to the thing to which it has been united.

1027. If neither part can be considered the principal, within the rule prescribed by the last section, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part.

1028. If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials.

1029. Where one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description, without having destroyed any of the materials, but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors; in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship.

1030. When a thing has been formed by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner without whose consent the admixture was made may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbursing to the others the value of their materials.

1031. The foregoing sections of this article are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the material, if its identity can be traced.

1032. In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either restitution of his material in kind, in the same quantity, weight, measure, and quality, or the value thereof; or where he is entitled to the product, the value thereof in place of the product.

1033. One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this chapter.

TITLE IV.

Transfer.

Chapter I. Transfer in General

II. Transfer of Real Property.

III. Transfer of Personal Property.

IV. Recording Transfers of Real Property.
V. Unlawful Transfers.

1039. Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.

1040. A voluntary transfer is an executed_contract, subject to all rules of law concerning contracts in general; except that a consideration is not necessary to its validity.

ARTICLE II.

Section

What May Be Transferred.

Section

1044. What may be transferred. 1047. Owner ousted, may trans1045. Possibility.

1046. Right of re-entry transfer

able.

fer.

1044. Property of any kind may be transferred, except as otherwise provided by this article.

1045. A mere possibility, not coupled with an interest, cannot be transferred.

1046. A right of re-entry, or of repossession for breach of condition subsequent, can be transferred.

1047. Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.

1052. A transfer may be made

Section

1057. Delivery in escrow.

1058. Surrendering grant not re

conveyance.

1059. Constructive delivery.

without writing, in every case in which a writing is not expressly required by statute.

1053. A transfer in writing is called a grant, or conveyance, or bill of sale. The term "grant," in this and the next two articles, includes all these instruments, unless it is specially applied to real property. 1873-225.

1054. A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.

1055. A grant duly executed is presumed to have been delivered at its date.

1056. A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made.

1057. A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is called an escrow.

1058. Redelivering a grant of real property to the grantor, or canceling it, does not operate to retransfer the title.

1059. Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases:

1. Where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery; or, 2. Where it is delivered to a stranger for the benefit of the grantee, and his assent is shown, or may be presumed.

Section

n

ARTICLE IV.

Interpretation of Grants.

Section

1071. Meaning

"heirs," "issue,"

remainders.

1066. Grants, how interpreted. 1070. Irreconcilable provisions. 1067. Limitations, how controlled. 1068. Recitals, when resorted to. 1069. Interpretations

grantor.

against

1072. Words of inheritance un

necessary.

1066. Grants are to be interpreted in like manner with contracts general, except so far as is otherwise provided in this article.

1067. A clear and distinct limitation in a grant is not controlled by other words less clear and distinct.

1068. If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction.

1069. A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party, is to be interpreted in favor of the grantor.

1070. If several parts of a grant are absolutely irreconcilable, the former part prevails.

1071. Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors, or issue living at the death of the person named as ancestor.

1072. Words of inheritance or succession are not requisite to transfer a fee in real property.

1083. A transfer vests in the transferee all the actual title to the thing transferred which the transferrer then has, unless a different intention is expressed or is necessarily implied.

1084. The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself.

1085. 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.

1091. An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by opera

tion of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.

1092. A grant of an estate in real property may be made in substance as follows:

"I, A B, grant to C D all that real property situated in (insert name of county) county, state of California, bounded (or described) as follows: (here insert description, or if the land sought to be conveyed has a descriptive name, it may be described by the name, as for instance, "The Norris Ranch.')

"Witness my hand this (insert day) day of (insert month.) 18-.

"A B."

1093. A grant or conveyance of real property made by a married woman may be made, executed, and acknowledged in the same manner and has the same effect as if she were unmarried. 1895-53.

1094. A married woman may make, execute, and revoke powers of attorney for the sale, conveyance, or encumbrance of her real or personal estate, which shall have the same effect as if she were unmarried, and may be acknowledged in the same manner as a grant of real property. 1895-39.

1095. When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact.

1096. Any person in whom the title of real estate is vested, who shall afterwards, from any cause, have his or her name changed, must, in any conveyance of said real estate so held, set forth the name in which he or she derived title to said real estate. 1905-602.

1104. A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.

1105. 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.