BILL NUMBER: AB 707	CHAPTERED
	BILL TEXT

	CHAPTER   14
	FILED WITH SECRETARY OF STATE   APRIL 7, 1998
	APPROVED BY GOVERNOR   APRIL 6, 1998
	PASSED THE ASSEMBLY   MARCH 30, 1998
	PASSED THE SENATE   MARCH 26, 1998
	AMENDED IN SENATE   MARCH 4, 1998
	AMENDED IN ASSEMBLY   JANUARY 5, 1998
	AMENDED IN ASSEMBLY   MAY 1, 1997

INTRODUCED BY   Assembly Member Ackerman

                        FEBRUARY 26, 1997

   An act to add Section 784 to, and to repeal Section 1464 of, the
Civil Code, and to amend Section 336 of the Code of Civil Procedure,
relating to real property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 707, Ackerman.  Real property:  restrictions.
   Under existing law, a covenant for the addition of some new thing
to real property, or for the direct benefit of some part of the
property not then in existence or annexed thereto, when contained in
a grant of an estate in the property, and made by the covenantor
expressly for the covenantor's assigns or to the assigns of the
covenantee, runs with the land so far only as the assigns are
concerned.
   This bill would repeal this provision.
   Under existing law, an action for mesne profits of real property
is required to be commenced within 5 years.
   This bill would provide that an action for violation of a
restriction, defined to mean a limitation on, or provision affecting,
the use of real property in a deed, declaration, or other
instrument, whether in the form of a covenant, equitable servitude,
condition subsequent, negative easement, or other form of
restriction, shall be commenced within 5 years, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 784 is added to the Civil Code, to read:
   784.  "Restriction," when used in a statute that incorporates this
section by reference, means a limitation on, or provision affecting,
the use of real property in a deed, declaration, or other
instrument, whether in the form of a covenant, equitable servitude,
condition subsequent, negative easement, or other form of
restriction.
  SEC. 2.  Section 1464 of the Civil Code is repealed.
  SEC. 3.  Section 336 of the Code of Civil Procedure is amended to
read:
   336.  Within five years:
   (a) An action for mesne profits of real property.
   (b) An action for violation of a restriction, as defined in
Section 784 of the Civil Code.  The period prescribed in this
subdivision runs from the time the person seeking to enforce the
restriction discovered or, through the exercise of reasonable
diligence, should have discovered the violation.  A failure to
commence an action for violation of a restriction within the period
prescribed in this subdivision does not waive the right to commence
an action for any other violation of the restriction and does not, in
itself, create an implication that the restriction is abandoned,
obsolete, or otherwise unenforceable.  This subdivision shall not bar
commencement of an action for violation of a restriction before
January 1, 2001, and until January 1, 2001, any other applicable
statutory or common law limitation shall continue to apply to that
action.