SECTIONS 1227-1231 - California Statutes

CIVIL CODE

SECTION 1227-1231

1227. Every instrument, other than a will, affecting an estate in
real property, including every charge upon real property, or upon its
rents or profits, made with intent to defraud prior or subsequent
purchasers thereof, or incumbrancers thereon, is void as against
every purchaser or incumbrancer, for value, of the same property, or
the rents or profits thereof.

1228. No instrument is to be avoided under the last section, in
favor of a subsequent purchaser or incumbrancer having notice thereof
at the time his purchase was made, or his lien acquired, unless the
person in whose favor the instrument was made was privy to the fraud
intended.

1229. Where a power to revoke or modify an instrument affecting the
title to, or the enjoyment of, an estate in real property, is
reserved to the grantor, or given to any other person, a subsequent
grant of, or charge upon, the estate, by the person having the power
or revocation, in favor of a purchaser or incumbrancer for value,
operates as a revocation of the original instrument, to the extent of
the power, in favor of such purchaser or incumbrancer.

1230. Where a person having a power of revocation, within the
provisions of the last section, is not entitled to execute it until
after the time at which he makes such a grant or charge as is
described in that section, the power is deemed to be executed as soon
as he is entitled to execute it.

1231. Other provisions concerning unlawful transfers are contained
in Part II, Division Fourth, of this Code, concerning the Special
Relations of Debtor and Creditor.