Section 31. First registration deemed complete on notation of original entries upon certificates.

registra

SEC. 31. In every case of first registration of land or an When first estate or interest therein, the same shall be deemed to be regis-sig tered under this Act, when the registrar shall have marked deemed upon the certificate of title, in duplicate, the volume and folium of the register in which the original may be found.

Section 32. Transfer complete on notation upon new certificate; other dealings complete on notation; registration to relate back to filing with registrar.

complete.

deemed

SEC. 32. Every transfer of registered land shall be deemed when to be registered under this Act, when the new certificate to the transfer is transferee shall have been marked, as in the case of the first complete. registration; and all other dealings shall be considered as reg- other istered when the memorial or notation shall have been entered dealings. in the register upon the folium_constituted by the existing certificate of title of the land. But, for the protection of the transferee or person claiming through any transfer or dealing, the registration shall relate back to the time of filing in the registrar's office the deed, instrument, or notice, pursuant to which the transfer memorial or notation is made.

Section 33. Party aggrieved may bring action against registrar and others.

SEC. 33. Any person feeling himself aggrieved by the action Party of the registrar, or by his refusal to act in any matter pertain- may bring aggrieved ing to the first registration of land, or any subsequent transfer, action. or charge upon the same, or failing, or neglecting, or refusing to file any instrument, or to enter or cancel any memorial or notation, or to do any other thing required of him by this Act, may file a complaint in the Superior Court making the registrar and other persons, whose interests may be affected, parties defendant, and the court may proceed therein as in other cases, and make such order or decree as shall be according to equity and the purport of this Act. A certified copy of such order or decree shall be presented to the registrar, who shall file the same and make such entry thereof as by this Act required.

EFFECT OF REGISTRATION.

Section 34. In absence of fraud, title to be subject only to noted

incumbrances; exceptions.

tle subject

noted

SEC. 34. The registered owner of any estate or interest in In absence land brought under this Act shall, except in case of fraud to of fraud, tiwhich he is a party, or of the person through whom he claims only to without valuable consideration paid in good faith, hold the incumsame subject only to such estates, mortgages, liens, charges, and interests as may be noted in the last certificate of title in the registrar's office, and free from all others, except:

brances.

1. Any subsisting lease or agreement for a lease for a period Exceptions not exceeding one year, where there is actual occupation of the

Adverse

land under lease. The term "lease" shall include a verbal letting.

2. All public highways embraced in the description of the lands included in the certificate.

3. Any subsisting right of way or other easement, however created, upon, over, or in respect of the land.

4. Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title.

5. Such right of action or claim as is allowed by this Act. 6. Liens, claims, or rights arising under the laws of the United States, which the statutes of California cannot require to appear of record upon the register.

Section 35. No adverse possession after registration possible.

SEC. 35. After land has been registered no title thereto possession. adverse or in derogation to the title of the registered owner shall be acquired by any length of possession.

Presumption of

good faith in purchaser.

Persons defrauded

shall not

Section 36. Presumption of good faith in purchaser of registered land.

SEC. 36. Except in case of fraud, and except as herein otherwise provided, no person taking a transfer of registered land, or any estate or interest therein, or of any charge upon the same, from the registered owner, shall be held to inquire into the circumstances under which, or the consideration for which, such owner or any previous registered owner was registered, or be affected with notice, actual or constructive, of any unregistered trust, lien, claim, demand, or interest; and the knowledge that any unregistered trust, lien, claim, demand, or interest is in existence shall not of itself be imputed as fraud.

Section 37. Persons defrauded shall not lose rights.

SEC. 37. In case of fraud, any person defrauded shall have all rights and remedies that he would have had if the land lose rights. were not under the provisions of this Act; provided, that nothing contained in this section shall affect the title of a registered owner who has taken bona fide for a valuable consideration, or of any person bona fide claiming through or under him.

Registration of forged invoid.

Section 38. Registration of forged instrument void, but title of bona fide owner not affected.

SEC. 38. If a deed or other instrument is registered, which is forged, or executed by a person under legal disability, such strument registration shall be void; provided, that the title of a registered owner, who has taken bona fide for a valuable consideration, shall not be affected by reason of his claiming title through some one, the registration of whose right or interest was void, as provided in this section.

Unregis

tered inter

Section 39. No unregistered interest shall prevail against bona fide registered owner.

SEC. 39. No unregistered estate, interest, power, right, claim, not prevail. Contract, or trust shall prevail against the title of a registered

est shall

owner taking bona fide for valuable consideration, or of any person bona fide claiming through or under him.

Section 40. In absence of fraud, certificate of title is conclusive evidence in suit for specific performance of contract to purchase.

of fraud,

conclusive

SEC. 40. In any suit for specific performance brought by a In absence registered owner of any land under the provisions of this Act certificate against a person who may have contracted to purchase such of title is land, not having notice of any fraud or other circumstances evidence. which, according to the provisions of this Act, would affect the right of the vendor, the certificate of title of such registered owner shall be held in every court to be conclusive evidence that such registered owner has a good and valid title to the land, and for the estate or interest therein mentioned or described.

Section 41. In ejectment or partition suits, certificate is conclusive evidence.

ment or

tificate is

SEC. 41. In any action or proceeding brought for ejectment, In ejectpartition, or possession of land, the certificate of title of a regis- partition tered owner shall be held in every court to be conclusive evi- suits, cerdence, except as herein otherwise provided, that such registered conclusive owner has a good and valid title to the land, and for the estate or interest therein mentioned or described, and that such registered owner is entitled to the possession of said land.

Section 42. The register to be received as evidence.

evidence.

evidence.

SEC. 42. The register of any land, and duly certified copies The thereof, shall, except as herein otherwise provided, be received register as in law and in equity as evidence of the facts therein stated, and as conclusive evidence that the person named therein as owner is entitled to the land for the estate or interests therein specified.

Section 43. Memorial to be noted until cancellation.

until can

SEC. 43. Whenever a memorial has been entered, as per- Memorial mitted by this Act, the registrar shall carry the same forward to be noted upon all certificates of title until the same is canceled in some cellation. manner authorized by this Act.

Section 44. Dealings subsequent to first registration subject to

Act.

to first reg

SEC. 44. All dealings with land, or any estate or interest Dealings therein, after the same has been brought under this Act, and subsequent all liens, incumbrances, and charges upon the same subsequent istration." to the first registration thereof, shall be deemed to be subject to the terms of this Act, and to such amendments and alterations as may hereafter be made. The bringing of land under this Act shall imply an agreement which shall run with the land, that the same shall be subject to the terms and provisions of the Act and of amendments and alterations thereof.

Limitation

bringing of action.

tents to

appear.

Section 45. Five years' limitation to bringing of action affecting registered land; incompetents to appear.

SEC. 45. No person shall commence any action at law or of time to in equity for the recovery of land, or assert any interest, right in, or lien or demand upon the same, or make entry thereon adversely to the title or interest certified in the first certificate bringing the land under the operation of this Act, unless within five years after the first registration. It shall not be an excepIncompe- tion to this rule that the person entitled to bring the action or make the entry is an infant, lunatic, or is under any disability, but action may be brought by such person by his next friend or guardian. It shall be the duty of the guardian, if there is any, to bring action in the name of his ward whenever it is necessary to preserve or enforce the ward's rights in registered land; provided, however, before such action shall proceed, it must be made to appear to the court that the person bringing such action, or those under whom he claims, had no actual notice of the proceedings to register such lands in time to appear and file his objections or assert his claim.

Action not to affect bona fide

Section 46. Action not to affect bona fide purchasers.

SEC. 46. The action provided for in the last preceding section shall in no way affect or disturb the rights of any person in purchasers said land, acquired subsequent to the registration thereof, bona fide and without knowledge, and for a valuable consideration.

How future

claim may

be pre

served.

When title passes.

Section 47. Claim to arise after expiration of five years preserved by noting memorial; proceedings subsequent.

SEC. 47. Any person having any interest, right, title, lien, or demand, whether vested, contingent, or inchoate, in, to, or upon registered land, which existed at the time the land was first registered, and upon or for which no cause of action shall have accrued at the date of the registration of the land, may, prior to the expiration of said five years after such registration, file in the registrar's office a notice, under oath, setting forth his interest, right, title, lien, or demand, and how and under whom derived, and the character and nature thereof; and if such claim is so filed, an action may be brought to assert or recover or enforce the same at any time within one year after the right of action shall have accrued thereon, or at any time within the period of five years after said first registration, and not afterwards. It shall be the duty of a life tenant or trustee to file such claim on behalf of any remainderman or reversioner, whether the remainder or reversion be at the time vested or contingent, and of a guardian to file such claim on behalf of his ward.

TRANSFERS.

Section 48. Title passes on filing of deed and of duplicate.

SEC. 48. A registered owner of land desiring to transfer his whole estate or interest therein, or some distinct part or parcel thereof, or some undivided interest therein, or to grant

out of his estate an estate for life or for a term of not less than ten years, may execute to the intended transferee a deed or instrument of conveyance in any form authorized by law for that purpose. And upon filing such deed or other instrument in the registrar's office, and surrendering to the registrar the duplicate certificate of title, the transfer shall be complete and the title so transferred shall vest in the transferee; thereupon, the registrar shall issue in duplicate and register, as hereinbefore provided, a new certificate, certifying the title to the estate or interest in the land desired to be conveyed to be in the transferee, and shall note upon the original and duplicate certificate the date of the transfer, the name of the transferee, and the volume and folium in which the new certificate is registered, and shall stamp across the original and surrendered duplicate certificate the word "canceled," in whole or part, as the case may be.

Section 49. New certificate to issue for remainder, if but a parcel be transferred.

for remain

SEC. 49. When only a part of the land described in a cer- Certificate tificate is transferred, or some estate or interest in the land is ing parcel. to remain in the transferer, a new certificate shall be issued to him for the part, estate, or interest remaining in him.

Section 50. Time of filing to be noted on instrument.

noted.

SEC. 50. The registrar shall mark as filed every deed, Time of mortgage, lease, and other instrument which may be filed in his to be office, in the order of its receipt, and shall note thereon at the date of filing the minute, hour, day, and year it is received. When the date of filing any instrument is required to be entered upon the register, it shall be the same as that indorsed upon such instrument.

Section 51. Papers filed to be retained.

filed to be

SEC. 51. All instruments, notices, and papers required or Papers permitted by this Act to be filed in the office of the registrar, retained. shall be retained and kept in such office, and shall not be taken therefrom except by a subpoena duces tecum issued to and served upon the registrar by a court of record. But the registrar, on demand, the proper fee being tendered therefor, shall deliver to any person a copy or copies of such an instrument, with all memoranda, memorials, and indorsements thereon, duly certified under his hand and seal of office. The registrar shall, however, upon all such copies, indorse thereon in writing across the face thereof, in red ink, "copy, no rights conveyed hereby."

Section 52. Such copies to be received in evidence.

to be

SEC. 52. Every copy of original instruments so certified as Copies provided for in the last preceding section, shall be received in received in all cases in place of the original, and as evidence have the same evidence. force and effect as the original instrument.