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 1108
A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer.
Notes
Establishes that a life tenant or tenant for years who purports to grant a larger estate than legally transferable does not forfeit the tenant’s existing estate. Instead, the grant transfers only the full estate the grantor could lawfully convey, limiting the grantee to that lawful interest.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 1108 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-4/title-4/chapter-2/article-2/section-1108