§ 883.140. — 883.140. (Added by Stats. 1984, Ch. 240, Sec. 2.)

California § 883.140.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 2.: DIVISION 2. PROPERTY
• Title: 5.
• Part 2.: TITLE 5. MARKETABLE RECORD TITLE
• Ch. 3.: CHAPTER 3. Mineral Rights
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
As used in this section:
(1)
“Lessee” includes an assignee or other successor in interest of the lessee.
(2)
“Lessor” includes a successor in interest or heir or grantee of the lessor.
(b)
If the term of a mineral right lease has expired or a mineral right lease has been abandoned by the lessee, the lessee shall, within 30 days after demand therefor by the lessor, execute, acknowledge, and deliver, or cause to be recorded, a deed
quitclaiming all interest in and to the mineral rights covered by the lease. If the expiration or abandonment covers less than the entire interest of the lessee, the lessee shall execute, acknowledge, and deliver an appropriate instrument or notice of surrender or termination that covers the interest that has expired or been abandoned.
(c)
If the lessee fails to comply with the requirements of this section, the lessee is liable for all damages sustained by the lessor as a result of the failure, including, but not limited to, court costs and reasonable attorney’s fees in an action to clear title to the lessor’s interest. The lessee shall also forfeit to the lessor the sum of one hundred fifty dollars ($150).
(d)
Nothing in this section makes a quitclaim deed or other instrument or notice of surrender or termination, or a demand therefor, a condition precedent to an action to clear
title to the lessor’s interest.

Legislative History

Added by Stats. 1984, Ch. 240, Sec. 2.