A California deed reads: 'I grant to John Smith the property at 123 Main St, Sacramento, CA.' No additional language specifies the type of estate being conveyed. What estate does John receive?
Correct Answer
A) Fee simple absolute
California Civil Code §765 provides that every grant of real property is presumed to convey a fee simple estate unless the deed expressly limits the grant to a lesser interest. Because the deed contains no limiting language, John receives fee simple absolute. California abolished the common law requirement of words of inheritance such as 'and his heirs,' so a simple grant is sufficient.
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Under California Civil Code §761, a life tenant's interest is classified as a freehold estate. Richard grants a life estate to his mother Betty in a California home, with the remainder to his daughter Kim. Betty, as life tenant, removes a load-bearing wall and demolishes the attached garage without consent. Under California law, the remainderman Kim's remedy for this waste is:
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