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Article 2. Books of California Government Code >> Division 2. >> Title 3. >> Part 3. >> Chapter 6. >> Article 2.
The recorder shall procure such books for records as the
business of the recorder's office requires, but orders for the books
shall first be obtained from the board of supervisors. The books used
may contain printed forms of deeds, mortgages, or other instruments
of general use.
The recorder has the custody of, and shall keep all books,
records, maps, and papers deposited in the recorder's office.
The recorder shall keep an index of deeds, grants, and
transfers, labeled "Grantors," each page divided into three columns,
headed respectively: "Names of grantors," "Names of grantees," and
"Where recorded."
The recorder shall keep an index of deeds, labeled
"Grantees," each page divided into three columns, headed
respectively: "Names of grantees," "Names of grantors," and "Where
recorded."
The recorder shall keep two indices of mortgages, labeled
respectively: "Mortgagors of real property" and "Mortgagors of
personal property," with the pages thereof divided into three
columns, headed respectively: "Names of mortgagors," "Names of
mortgagees," and "Where recorded."
The recorder shall keep two indices of mortgages, labeled
respectively: "Mortgagees of real property" and "Mortgagees of
personal property," with the pages thereof divided into three
columns, headed respectively: "Names of mortgagees," "Names of
mortgagors," and "Where recorded."
The recorder shall keep two indices of releases of
mortgages, labeled respectively: "Releases of mortgages of real
property--mortgagors" and "Releases of mortgages of personal
property--mortgagors," with pages thereof divided into four columns,
headed respectively: "Parties releasing," "To whom releases are
given," "Where releases are recorded," and "Where mortgages released
are recorded."
The recorder shall keep two indices of releases of
mortgages, labeled respectively: "Releases of mortgages of real
property--mortgagees" and "Releases of mortgages of personal
property--mortgagees," with pages thereof divided into three columns,
headed respectively: "Parties whose mortgages are released,"
"Parties releasing," and "Where recorded."
The recorder shall keep an index of powers of attorney,
labeled: "Powers of attorney," each page divided into four columns,
headed respectively: "Names of parties executing the powers," "To
whom powers are executed," "Date of recording," and "Where powers are
recorded."
The recorder shall keep an index of leases, labeled:
"Leases--lessors," each page divided into three columns, headed
respectively: "Names of lessors," "Names of lessees," and "When and
where recorded."
The recorder shall keep an index of leases, labeled:
"Leases--lessees," each page divided into three columns, headed
respectively: "Names of lessees," "Names of lessors," and "When and
where recorded."
The recorder shall keep an index of assignments of mortgages
and leases, labeled: "Assignments of mortgages and
leases--assignors," each page divided into four columns, headed
respectively: "Assignors," "Assignees," "Instruments assigned," and
"When and where recorded."
The recorder shall keep an index of assignments of mortgages
and leases, labeled: "Assignments of mortgages and
leases--assignees," each page divided into four columns, headed
respectively: "Assignees," "Assignors," "Instruments assigned," and
"When and where recorded."
The recorder shall keep an index of official bonds, labeled:
"Official bonds," each page divided into four columns, headed
respectively: "Names of officers," "Names of offices," "Amount of
bonds," and "When and where recorded."
The recorder shall keep an index of notices of mechanics'
liens, labeled: "Mechanics' liens," each page divided into three
columns, headed respectively: "Parties against whom claimed,"
"Parties claiming liens," and "Notices--When and where recorded."
(a) The recorder shall keep an index to abstracts of
judgments, labeled: "Abstracts of judgments," each page divided into
six columns, headed respectively: "Judgment debtors," "Judgment
creditors," "Amount of judgments," "Where recovered," "Date entered
or renewed," and "When abstract filed."
(b) The recorder shall include in the index referred to in subdivision (a), or shall keep a comparable separate index to, all of the following:
(1) Certified copies of judgments payable in installments recorded under Section 697.320 or 697.330 of the Code of Civil Procedure.
(2) Acknowledgments of satisfaction of judgment, court clerk's certificates of satisfaction of judgment, acknowledgments of satisfaction of matured installments under an installment judgment, and releases and subordinations of judgment liens, recorded under Section 697.400 of the Code of Civil Procedure.
(b) The recorder shall include in the index referred to in subdivision (a), or shall keep a comparable separate index to, all of the following:
(1) Certified copies of judgments payable in installments recorded under Section 697.320 or 697.330 of the Code of Civil Procedure.
(2) Acknowledgments of satisfaction of judgment, court clerk's certificates of satisfaction of judgment, acknowledgments of satisfaction of matured installments under an installment judgment, and releases and subordinations of judgment liens, recorded under Section 697.400 of the Code of Civil Procedure.
The recorder shall keep an index of attachments, labeled:
"Attachments," each page divided into five columns, headed
respectively: "Parties against whom attachments are levied
(Defendants)," "Parties on whose behalf attachments are levied
(Plaintiffs)," "Notices of attachments," "When recorded," and "Where
recorded."
The recorder shall keep an index of notices of the pendency
of actions, labeled: "Notices of actions," each page divided into
three columns, headed respectively: "Parties to the action,"
"Notices--when recorded," and "Where recorded."
The recorder shall keep an index to the certificates of
births, deaths and marriages.
The recorder shall keep an index of mining locations and of
documents affecting them, labeled, "Mining locations," divided into
suitable columns showing the name of locator, date of locations, date
of recording, and place where claim is located.
(a) The county recorder in each county shall develop and
maintain, within the existing indexing system, a comprehensive index
of conservation easements and Notice of Conservation Easement on land
within that county. The conservation easement index developed and
maintained pursuant to this subdivision shall include all
conservation easements recorded on and after January 1, 2002.
(b) For the purposes of this section, "conservation easement" means any limitation in a recorded instrument that contains an easement, restriction, covenant, condition, or offer to dedicate, which is or has been executed by or on behalf of the owner of the land subject to that limitation and is binding upon successive owners of the land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. "Conservation easement" includes a conservation easement as defined in Section 815.1 of the Civil Code, an open-space easement as defined in Section 51075 of this code, and an agricultural conservation easement as defined in Section 10211 of the Public Resources Code.
(c) On and after January 1, 2002, when a county recorder records a new conservation easement affecting property within the county, he or she shall include the easement in the index developed and maintained pursuant to subdivision (a), if the document containing the easement is entitled "Conservation Easement," or the following document is properly filled out by the submitter, and recorded at the same time, or at a later date:
(b) For the purposes of this section, "conservation easement" means any limitation in a recorded instrument that contains an easement, restriction, covenant, condition, or offer to dedicate, which is or has been executed by or on behalf of the owner of the land subject to that limitation and is binding upon successive owners of the land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. "Conservation easement" includes a conservation easement as defined in Section 815.1 of the Civil Code, an open-space easement as defined in Section 51075 of this code, and an agricultural conservation easement as defined in Section 10211 of the Public Resources Code.
(c) On and after January 1, 2002, when a county recorder records a new conservation easement affecting property within the county, he or she shall include the easement in the index developed and maintained pursuant to subdivision (a), if the document containing the easement is entitled "Conservation Easement," or the following document is properly filled out by the submitter, and recorded at the same time, or at a later date:
Recording Requested by and
When Recorded Return to:
+--------------------------------------------------+
| NOTICE OF CONSERVATION EASEMENT |
+--------------------------------------------------+
|The undersigned hereby gives notice that a |
|Conservation Easement |
|was recorded in the _______________________ County|
|Recorder's Office on _____________________________|
|_______________ and recorded as Document Number .|
|The grantors and grantees of the conservation |
|easement were |
|Grantors _________________________________________|
|__________________________________________________|
|Grantees _________________________________________|
|__________________________________________________|
|I declare under penalty of perjury that the above |
|statement is true and |
|correct. |
|Signed ___________________________ |
|Dated ___________________________ |
|THIS NOTICE IS FOR INDEXING PURPOSES ONLY AND |
|DOES |
|NOT, BY ITSELF, CONSTITUTE A CONSERVATION EASEMENT|
+--------------------------------------------------+
(d) In order to include conservation easements recorded prior to
January 1, 2002, the comprehensive index of conservation easements
and "Notice of Conservation Easement" developed and maintained
pursuant to subdivision (a), any parties to conservation easements,
including, but not limited to, the counties, cities, recreation and
park districts or agencies, state conservancies, state agencies, the
California Coastal Commission, land trusts, and nonprofit
organizations may fill out and record a Notice of Conservation
Easement pursuant to subdivision (c) for each previously recorded
conservation easement, in the county in which the affected real
property is located.
(e) Pursuant to Section 27361, the standard fee charged by the county recorder for recording the conservation easement document shall include funds to cover the costs associated with indexing the document.
(f) It is the intent of the Legislature that nothing in this section shall be construed to require a county recorder to develop and maintain an index separate from the existing indexing system, and that the conservation easement index be established by using existing resources.
(e) Pursuant to Section 27361, the standard fee charged by the county recorder for recording the conservation easement document shall include funds to cover the costs associated with indexing the document.
(f) It is the intent of the Legislature that nothing in this section shall be construed to require a county recorder to develop and maintain an index separate from the existing indexing system, and that the conservation easement index be established by using existing resources.
The recorder shall keep such other indices as are required
in the performance of official duties.
Instead of those indices indicated in this division, the
recorder may utilize either of the following systems of indexing:
(a) The recorder may keep two indices, labeled respectively: "General index of grantors" (names of grantors, defendants, and first parties, who would otherwise be indexed in any of the other indices specified in this article) and "General index of grantees" (names of grantees, plaintiffs, and second parties, who would otherwise be indexed in any of the other indices specified in this article). Each page of the general index of grantors shall be divided into seven columns, labeled respectively: "Date filed," "Grantors and defendants," "Grantees and plaintiffs," "Title," "Document number," "Book," and "Page." Each page of the general index of grantees shall be divided into seven columns, labeled respectively: "Date filed," "Grantees and plaintiffs," "Grantors and defendants," "Title," "Document number," "Book," and "Page"; or
(b) The recorder may combine the general index of grantors and the general index of grantees into a single index which shall alphabetically combine the grantors and grantees as defined in subdivision (a). Each page of the "General grantor-grantee index" shall be divided into seven columns, labeled respectively: "Date filed," "Grantors-grantees," "Grantees-grantors," "Title," "Document number," "Book," and "Page." Where such a combined index is used, the names of the grantors shall be distinguished from the names of the grantees, as respectively defined in subdivision (a), by an easily recognizable mark or symbol.
(c) Indexing as enumerated in subdivisions (a) and (b) may be in lieu of indexing in any of the other indices, and shall impart notice in like manner and effect as the indexing would otherwise impart in the other indices provided for in this division. If the recorder keeps any other index, the recorder shall not be required to index those names in the general index as enumerated in subdivisions (a) and (b). Nothing in this section shall prevent the recorder from indexing any names which also appear in any other of the recorder's indices.
(d) Where the method of subdivision (a) or (b) is utilized, and in those counties where the recorder alphabetizes grantors' and grantees' names by mechanical methods, fewer columnar headings may be used in the indices, if adequate index reference to the location of each document in the permanent file, book, or film record is provided.
(e) The alphabetical subdivisions in each of the general indices shall be so arranged, as nearly as possible, that the entries to be made in the indices will be equally apportioned. The alphabetical subdivisions shall be sufficient in number to facilitate reference.
(f) The recorder may keep in the same volume any two or more of the indices enumerated in this article, and the several indices shall be kept distinct from each other and the volume distinctly marked on the outside so as to show all the indices kept in it, provided that nothing in this section shall prohibit the recorder from combining the general indices in one volume as enumerated in subdivision (b). The names of the parties in the first column in the several indices shall be arranged in alphabetical order.
(g) The recorder may combine the general grantor-grantee index in a computerized or electronic format. The names of the grantors shall be distinguished from the names of the grantees, as respectively defined in subdivision (a), by an easily recognizable mark or symbol.
(a) The recorder may keep two indices, labeled respectively: "General index of grantors" (names of grantors, defendants, and first parties, who would otherwise be indexed in any of the other indices specified in this article) and "General index of grantees" (names of grantees, plaintiffs, and second parties, who would otherwise be indexed in any of the other indices specified in this article). Each page of the general index of grantors shall be divided into seven columns, labeled respectively: "Date filed," "Grantors and defendants," "Grantees and plaintiffs," "Title," "Document number," "Book," and "Page." Each page of the general index of grantees shall be divided into seven columns, labeled respectively: "Date filed," "Grantees and plaintiffs," "Grantors and defendants," "Title," "Document number," "Book," and "Page"; or
(b) The recorder may combine the general index of grantors and the general index of grantees into a single index which shall alphabetically combine the grantors and grantees as defined in subdivision (a). Each page of the "General grantor-grantee index" shall be divided into seven columns, labeled respectively: "Date filed," "Grantors-grantees," "Grantees-grantors," "Title," "Document number," "Book," and "Page." Where such a combined index is used, the names of the grantors shall be distinguished from the names of the grantees, as respectively defined in subdivision (a), by an easily recognizable mark or symbol.
(c) Indexing as enumerated in subdivisions (a) and (b) may be in lieu of indexing in any of the other indices, and shall impart notice in like manner and effect as the indexing would otherwise impart in the other indices provided for in this division. If the recorder keeps any other index, the recorder shall not be required to index those names in the general index as enumerated in subdivisions (a) and (b). Nothing in this section shall prevent the recorder from indexing any names which also appear in any other of the recorder's indices.
(d) Where the method of subdivision (a) or (b) is utilized, and in those counties where the recorder alphabetizes grantors' and grantees' names by mechanical methods, fewer columnar headings may be used in the indices, if adequate index reference to the location of each document in the permanent file, book, or film record is provided.
(e) The alphabetical subdivisions in each of the general indices shall be so arranged, as nearly as possible, that the entries to be made in the indices will be equally apportioned. The alphabetical subdivisions shall be sufficient in number to facilitate reference.
(f) The recorder may keep in the same volume any two or more of the indices enumerated in this article, and the several indices shall be kept distinct from each other and the volume distinctly marked on the outside so as to show all the indices kept in it, provided that nothing in this section shall prohibit the recorder from combining the general indices in one volume as enumerated in subdivision (b). The names of the parties in the first column in the several indices shall be arranged in alphabetical order.
(g) The recorder may combine the general grantor-grantee index in a computerized or electronic format. The names of the grantors shall be distinguished from the names of the grantees, as respectively defined in subdivision (a), by an easily recognizable mark or symbol.
When a conveyance is executed by a sheriff or marshal, the
name of the sheriff or marshal and the party charged in the execution
shall both be inserted in the index. When an instrument is recorded
to which an executor, administrator, or trustee is a party, the name
of the executor, administrator, or trustee and the name of the
testator, or intestate, or party for whom the trust is held, shall be
inserted in the index. The recorder need not index the name of the
trustee in a deed of trust or in a partial or full deed of
reconveyance. A trustee's deed given upon exercise of the power of
sale under any deed of trust shall be indexed under the names of the
original trustor and the grantee named therein.
The recorder shall provide a separate book called "Record of
Patents" or official records in which shall be recorded all patents
of land situate in the county, whether issued by the United States or
the State, which are offered for record duly executed pursuant to
law.
Where indexes are compiled by the use of key punch and
printing machines, if temporary index sheets are provided for the use
of the public before the permanent yearly indexes are compiled,
county recorders may destroy said temporary index sheets when the
permanent yearly indexes are completed from the same key punch cards
as were used in making the temporary index sheets.
