Civ. Code, § 885.040 · Chapter 5. Powers of Termination
Civ. Code, § 885.040
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If a power of termination becomes obsolete, the power expires.
(b) As used in this section, a power of termination is obsolete if any of the following circumstances applies:
(1) The restriction to which the fee simple estate is subject is of no actual and substantial benefit to the holder of the power.
(2) Enforcement of the power would not effectuate the purpose of the restriction to which the fee simple estate is subject.
(3) It would be otherwise inequitable to enforce the power because of changed conditions or circumstances.
(c) No power of termination shall expire under this section during the life of the grantor if it arises from a grant by a natural person without consideration to a public entity or to a society, corporation, institution, or association exempt by the laws of this state from taxation.
Notes and commentary — not statutory text
History
Added by Stats. 1982, Ch. 1268, Sec. 1.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=885.040.
- Text hash
- sha256 89a39aa96c27c54983aaddc2b2f31c06f8a7a0b431d809471abc217eb6aa5737
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.