California Code of Civil Procedure 872.010 is the California partition statute that provides definitions for terms used throughout the code for partition actions in California. The statute provides that:
As used in this title:
California Code of Civil Procedure § 872.010
(a) “Action” means an action for partition under this title.
(b) “Lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity.
(c) “Property” includes real and personal property.
(d) “Remainder” includes reversion, reversionary interest, right of entry, and executory interest.
(e) “Title report” includes a preliminary report, guarantee, binder, or policy of title insurance.
These terms are used throughout the partition statutes applicable to California partition actions.
Law Revision Commission Comments to California Code of Civil Procedure § 872.010
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 872.010 as follows:
Section 872.010 provides definitions for terms used in this title.
The term “lien” is defined broadly in subdivision (c) to apply to any encumbrance on property, including security interests in personal property.
The term “title report” in subdivision (f) is drawn using the terminology employed in the title insurance industry.
In 1979, the California Law Revision Commission explained California Code of Civil Procedure § 872.010 as follows:
Section 872.010 is amended to delete subdivision (b) (“guardian” includes conservator) as unnecessary. The term “guardian” is used in Sections 873.040 and 873.690, and those sections are amended to include specific references to a conservator. Subdivisions (c) through (f) of Section 872.010 are redesignated as subdivisions (b) through (e), respectively.
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