California Codes, Civil Code - CIV, Division 2 — Property, Part 4 — Acquisition of Property, Title 4 — Transfer, Chapter 2 — Transfer of Real Property, Article 2 — Effect of Transfer, Section 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.

Notes

Establishes a presumption that a real-property grant is intended to pass fee simple title unless the language of the grant shows that the parties intended to transfer a lesser estate. The provision therefore uses fee simple as the default estate conveyed while allowing the grant itself to establish a narrower interest.

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