California § 885.060. 885.060. (Amended by Stats. 1990, Ch. 1114, Sec. 1.)

California Statutes

§ 885.060. — 885.060. (Amended by Stats. 1990, Ch. 1114, Sec. 1.)

California § 885.060.

JurisdictionCalifornia

Code CIVCivil Code - CIV

Div. 2.DIVISION 2. PROPERTY

Title5.

Part 2.TITLE 5. MARKETABLE RECORD TITLE

Ch. 5.CHAPTER 5. Powers of Termination

This text of California § 885.060. (885.060. (Amended by Stats. 1990, Ch. 1114, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Civil Code - CIV Code § 885.060. (2026).

Text

(a)Expiration of a power of termination pursuant to this chapter makes the power unenforceable and is equivalent for all purposes to a termination of the power of record and a quitclaim of the power to the owner of the fee simple estate, and execution and recording of a termination and quitclaim is not necessary to terminate or evidence the termination of the power.

(b)Expiration of a power of termination pursuant to this chapter terminates the restriction to which the fee simple estate is subject and makes the restriction unenforceable by any other means, including, but not limited to, injunction and damages.

(c)However, subdivision (b) does not apply to a restriction for which a power of termination has expired under this chapter if the restriction is also an equitable servitude alter

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(a)
Expiration of a power of termination pursuant to this chapter makes the power unenforceable and is equivalent for all purposes to a termination of the power of record and a quitclaim of the power to the owner of the fee simple estate, and execution and recording of a termination and quitclaim is not necessary to terminate or evidence the termination of the power.
(b)
Expiration of a power of termination pursuant to this chapter terminates the restriction to which the fee simple estate is subject and makes the restriction unenforceable by any other means,
including, but not limited to, injunction and damages.
(c)
However, subdivision (b) does not apply to a restriction for which a power of termination has expired under this chapter if the restriction is also an equitable servitude alternatively enforceable by injunction. Such an equitable servitude shall remain enforceable by injunction and any other available remedies, but shall not be enforceable by a power of termination. This subdivision does not constitute a change in, but is declaratory of, the existing law. However, nothing in this subdivision shall be construed to make enforceable any restriction prohibited or made unenforceable by other provisions of law, including Section 53.