California Civil Code - California

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      (1) The undersigned notice recipient or the party’s designee shall be allowed such access to the site as may be required to perform its obligations under this commitment statement, provided that the undersigned notice recipient shall be liable for any physical damage it causes in conducting a response action, which the notice recipient fails to repair within a reasonable period after completion of all onsite activities.

      (2) The parties, their successors, heirs, and assigns shall provide each other with copies of any communication or correspondence with an oversight agency in connection with the release of hazardous materials at the site.

      (3) Provided that the undersigned notice recipient performs all of its obligations under this commitment statement, and except as otherwise provided in subdivisions (c) and (e) of Section 852 of the Civil Code, no claim for damages, accruing after the acceptance of the commitment statement, shall be brought against the undersigned notice recipient by the owner of the site or by the owner’s successors, heirs, and assigns.

      (e) The contents of this commitment statement shall be inadmissible evidence in any proceeding, as defined in Section 901 of the Evidence Code, except in an action to enforce this commitment statement to the extent that such contents would be admissible under other applicable law. This commitment statement may be enforced fully by the owner of the site and all parties identified in paragraph (b). There are no third-party beneficiary rights created by this commitment statement.

      (f) The owner of the site shall provide a copy of this commitment statement to any prospective purchaser or lessee of the site until this commitment statement is terminated or until all response actions have been completed in accordance with the commitment statement.

      (g) If the owner transfers the site, the owner shall notify the undersigned parties to this commitment statement, by mail, within 14 business days of the property transfer.

      (h) As provided by law, this commitment statement shall become effective if the owner executes this commitment statement within 45 days from the date of issuance, in which case its terms shall go into effect upon receipt of that acceptance by the issuer of this commitment statement. If the owner rejects this commitment statement, the rejection shall be subject to the mediation provisions of subdivision (b) of Section 852.

      (i) If at the end of two years from the date of acceptance of this commitment statement, an oversight agency has not issued a written action directed to the owner or notice recipient, the owner has 60 days in which he or she may terminate the commitment statement; and, in this event, it shall have no further force or effect.

      Notice recipient

      Date

      (Notice recipient’s name, address, and telephone number (Notarial affidavit)

      ----

      Owner

      Date

      (Owner’s name, address, and telephone number) (Notarial affidavit)

      ----

      (Added by Stats. 1997, Ch. 873, Sec. 1. Effective January 1, 1998.)

      855. The notification requirements of Section 851 shall not become effective until 180 days after the effective date of this chapter.

      (Added by Stats. 1997, Ch. 873, Sec. 1. Effective January 1, 1998.)

      TITLE 5. MARKETABLE RECORD TITLE [880.020 — 887.090]

      (Title 5 added by Stats. 1982, Ch. 1268, Sec. 1.)

      CHAPTER 1. General Provisions [880.020 — 880.370]

      (Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1.)

      ARTICLE 1. Construction [880.020 — 880.030]

      (Article 1 added by Stats. 1982, Ch. 1268, Sec. 1.)

      880.020. (a) The Legislature declares as public policy that:

      (1) Real property is a basic resource of the people of the state and should be made freely alienable and marketable to the extent practicable in order to enable and encourage full use and development of the real property, including both surface and subsurface interests.

      (2) Interests in real property and defects in titles created at remote times, whether or not of record, often constitute unreasonable restraints on alienation and marketability of real property because the interests are no longer valid or have been abandoned or have otherwise become obsolete.

      (3) Such interests and defects produce litigation to clear and quiet titles, cause delays in real property title transactions, and hinder marketability of real property.

      (4) Real property title transactions should be possible with economy and expediency. The status and security of recorded real property titles should be determinable to the extent practicable from an examination of recent records only.

      (b) It is the purpose of the Legislature in enacting this title to simplify and facilitate real property title transactions in furtherance of public policy by enabling persons to rely on record title to the extent provided in this title, with respect to the property interests specified in this title, subject only to the limitations expressly provided in this title and notwithstanding any provision or implication to the contrary in any other statute or in the common law. This title shall be liberally construed to effect the legislative purpose.

      (Amended by Stats. 2011, Ch. 46, Sec. 1. Effective January 1, 2012.)

      880.030. Nothing in this title shall be construed to:

      (a) Limit application of the principles of waiver and estoppel, laches, and other equitable principles.

      (b) Affect the operation of any statute governing the effect of recording or failure to record, except as specifically provided in this title.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      ARTICLE 2. Application of Title [880.240 — 880.260]

      (Article 2 added by Stats. 1982, Ch. 1268, Sec. 1.)

      880.240. The following interests are not subject to expiration or expiration of record pursuant to this title:

      (a) The interest of a person in possession (including use or occupancy) of real property and the interest of a person under whom a person in possession claims, to the extent the possession would have been revealed by reasonable inspection or inquiry.

      (b) An interest of the United States or pursuant to federal law in real property that is not subjected by federal law to the recording requirements of the state and that has not terminated under federal law.

      (c) An interest of the state or a local public entity in real property.

      (d) A conservation easement pursuant to Chapter 4 (commencing with Section 815) of Title 2.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      880.250. (a) The times prescribed in this title for expiration or expiration of record of an interest in real property or for enforcement, for bringing an action, or for doing any other required act are absolute and apply notwithstanding any disability or lack of knowledge of any person or any provisions for tolling a statute of limitation and notwithstanding any longer time applicable pursuant to any statute of limitation.

      (b) Nothing in this title extends the period for enforcement, for bringing an action, or for doing any other required act, or revives an interest in real property that expires and is unenforceable, pursuant to any applicable statute of limitation.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      880.260. An interest in real property, as specified in this title, does not expire or expire of record and is not unenforceable pursuant to this title at the time prescribed in this title if within the time an action is commenced to enforce, establish, clear title to, or otherwise affect the interest and a notice of the pendency of the action

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