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Civil Code - CIV - CIV § 887.020
Civil Code - CIV - CIV § 887.020
This chapter does not apply to an easement that is part of a unified or reciprocal system for the mutual benefit of multiple parties.
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Civil Code - CIV - CIV § 887.030
Civil Code - CIV - CIV § 887.030
This chapter supplements and does not limit or otherwise affect the common law governing abandonment of an easement or any other procedure provided by statute or otherwise for clearing an abandoned easement from title to real property.
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Civil Code - CIV - CIV § 887.040
Civil Code - CIV - CIV § 887.040
(a) The owner of real property subject to an easement may bring an action to establish the abandonment of the easement and to clear record title of the easement. (b) The action shall be brought in the superior court of the county in which the real property subject to the easement
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Civil Code - CIV - CIV § 887.050
Civil Code - CIV - CIV § 887.050
(a) For purposes of this chapter, an easement is abandoned if all of the following conditions are satisfied for a period of 20 years immediately preceding commencement of the action to establish abandonment of the easement: (1) The easement is not used at any time. (2) No separat
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Civil Code - CIV - CIV § 887.060
Civil Code - CIV - CIV § 887.060
(a) The owner of an easement may at any time record a notice of intent to preserve the easement. (b) In lieu of the statement of the character of the interest claimed and the record location of the documents creating or evidencing the easement claimed, as otherwise required by pa
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Civil Code - CIV - CIV § 887.070
Civil Code - CIV - CIV § 887.070
In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record a late notice of intent to preserve the easement as a condition of dismissal of the action, upon payment into court for the benefit of the
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Civil Code - CIV - CIV § 887.080
Civil Code - CIV - CIV § 887.080
An abandoned easement is unenforceable and is deemed to have expired. A court order establishing abandonment of an easement pursuant to this chapter is equivalent for all purposes to a conveyance of the easement to the owner of the real property.
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Civil Code - CIV - CIV § 887.090
Civil Code - CIV - CIV § 887.090
Subject to Sections 880.370 (grace period for recording notice) and 887.020, this chapter applies to all easements, whether executed or recorded before, on, or after January 1, 1986.
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Civil Code - CIV - CIV § 890
Civil Code - CIV - CIV § 890
(a) (1) “Rent skimming” means using revenue received from the rental of a parcel of residential real property at any time during the first year period after acquiring that property without first applying the revenue or an equivalent amount to the payments due on all mortgages and
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Civil Code - CIV - CIV § 891
Civil Code - CIV - CIV § 891
(a) A seller of an interest in residential real property who received a promissory note or other evidence of indebtedness for all or a portion of its purchase price secured by a lien on the property may bring an action against any person who has engaged in rent skimming with resp
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Civil Code - CIV - CIV § 892
Civil Code - CIV - CIV § 892
(a) Any person who engages in multiple acts of rent skimming is subject to criminal prosecution. Each act of rent skimming comprising the multiple acts of rent skimming shall be separately alleged. A person found guilty of five acts shall be punished by imprisonment pursuant to s
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Civil Code - CIV - CIV § 893
Civil Code - CIV - CIV § 893
(a) It is an affirmative defense for a natural person who is a defendant in a civil action brought under Section 891, or a criminal action brought under Section 892, if all of the following occurred: (1) The defendant used the rental revenue due but not paid to holders of mortgag
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Civil Code - CIV - CIV § 894
Civil Code - CIV - CIV § 894
If any provision of this title or the application thereof to any person or circumstances is held to be unconstitutional, the remainder of the title and the application of its provisions to other persons and circumstances shall not be affected thereby.
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Civil Code - CIV - CIV § 895
Civil Code - CIV - CIV § 895
(a) “Structure” means any residential dwelling, other building, or improvement located upon a lot or within a common area. (b) “Designed moisture barrier” means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer’s recommen
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Civil Code - CIV - CIV § 896
Civil Code - CIV - CIV § 896
In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencin
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Civil Code - CIV - CIV § 897
Civil Code - CIV - CIV § 897
The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it shall be actionable if it causes damage.
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Civil Code - CIV - CIV § 9
Civil Code - CIV - CIV § 9
All other days than those mentioned in Section 7 are business days for all purposes; provided, that as to any act appointed by law or contract, or in any other way, to be performed by, at, or through any bank organized under the laws of or doing business in this state, any option
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Civil Code - CIV - CIV § 900
Civil Code - CIV - CIV § 900
As to fit and finish items, a builder shall provide a homebuyer with a minimum one-year express written limited warranty covering the fit and finish of the following building components. Except as otherwise provided by the standards specified in Chapter 2 (commencing with Section
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Civil Code - CIV - CIV § 9000
Civil Code - CIV - CIV § 9000
This title applies to a work of improvement contracted for by a public entity.
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Civil Code - CIV - CIV § 901
Civil Code - CIV - CIV § 901
A builder may, but is not required to, offer greater protection or protection for longer time periods in its express contract with the homeowner than that set forth in Chapter 2 (commencing with Section 896). A builder may not limit the application of Chapter 2 (commencing with S
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Civil Code - CIV - CIV § 902
Civil Code - CIV - CIV § 902
If a builder offers an enhanced protection agreement, the builder may choose to be subject to its own express contractual provisions in place of the provisions set forth in Chapter 2 (commencing with Section 896). If an enhanced protection agreement is in place, Chapter 2 (commen
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Civil Code - CIV - CIV § 903
Civil Code - CIV - CIV § 903
If a builder offers an enhanced protection agreement in place of the provisions set forth in Chapter 2 (commencing with Section 896), the election to do so shall be made in writing with the homeowner no later than the close of escrow. The builder shall provide the homeowner with
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Civil Code - CIV - CIV § 904
Civil Code - CIV - CIV § 904
If a builder has elected to use an enhanced protection agreement, and a homeowner disputes that the particular provision or time periods of the enhanced protection agreement are not greater than, or equal to, the provisions of Chapter 2 (commencing with Section 896) as they apply
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Civil Code - CIV - CIV § 905
Civil Code - CIV - CIV § 905
If a homeowner seeks to enforce Chapter 2 (commencing with Section 896), in lieu of the enhanced protection agreement in a subsequent litigation or other legal action, the builder shall have the right to have the matter bifurcated, and to have an immediately binding determination
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Civil Code - CIV - CIV § 906
Civil Code - CIV - CIV § 906
A builder’s election to use an enhanced protection agreement addresses only the issues set forth in Chapter 2 (commencing with Section 896) and does not constitute an election to use or not use the provisions of Chapter 4 (commencing with Section 910). The decision to use or not