A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended.
Cal. Civ. Code § 1105
Effect of Transfer
Applied in 28 court decisions — leading case American Enterprise, Inc. v. Van Winkle (1952)
Most recently applied in 50 Cal. App. 4th 987 - City & County of San Francisco v. Union Pacific Railroad (October 1996)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.