California Codes, Civil Code - CIV, Division 2 — Property, Part 2 — Real or Immovable Property, Title 5 — Marketable Record Title, Chapter 5 — Powers of Termination, Section 885.060
(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.
Notes
Sets expiration of a power of termination as automatically terminating and quitclaiming the power and making the related restriction unenforceable without a recorded release. A restriction that also qualifies as an equitable servitude may still be enforced by injunction and other available remedies, but not by a power of termination, unless other law makes it unenforceable.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 885.060 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-5/chapter-5/section-885-060