BILL NUMBER: AB 1120	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 26, 1995
	AMENDED IN ASSEMBLY   MAY 16, 1995

INTRODUCED BY  Assembly Member Kuykendall

                        FEBRUARY 23, 1995

   An act to add Section 1471 to the Civil Code, relating to real
property.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1120, as amended, Kuykendall.  Real property:  covenants.
   Existing law provides that covenants contained in grants of
estates in real property and made for the direct benefit of the real
property pass with the grants so as to bind the assigns of the person
who makes the covenant and run with the land.
   This bill would provide that  covenants made for the
direct benefit of the real property may include, but are not limited
to, covenants to restrict land use or unilaterally impose land use
restrictions, as specified, to prevent unrestricted land use which
could result in unsafe exposure to hazardous materials, as defined,
known to the coventor at the time of creation of the covenant
  a covenant made by an owner of land or by the grantee
of land to do or refrain from doing some act on his or her own land
which doing or refraining is expressed to be for the benefit of the
covenantee, regardless of whether or not it is for the benefit of
land owned by the covenantee, runs with the land owned by or granted
to the covenantor; and it shall be binding upon each successive
owner, during his or her ownership, of any portion of the land
affected thereby and upon each person having any interest therein
derived through any owner thereof, where specified requirements are
met.  The bill would also make related changes with respect to the
apportionment of the burden of such covenants  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Section 1471 is added to the Civil Code, to read:

   1471.  For purposes of this title, on and after January 1, 1996,
covenants that are made for the direct benefit of the real property
and which shall run with the land may include, but are not limited
to, covenants to restrict land use or unilaterally impose land use
restrictions in conjunction with real property to prevent
unrestricted land use which could result in unsafe exposure to
hazardous materials, as defined in Section 25260 of the Health and
Safety Code, known to the conventor at the time of creation of the
convenant.  
   1471.  Notwithstanding Section 1468 or any other provision of law,
each covenant made by an owner of land or by the grantee of land to
do or refrain from doing some act on his or her own land which doing
or refraining is expressed to be for the benefit of the covenantee,
regardless of whether or not it is for the benefit of land owned by
the covenantee, runs with the land owned by or granted to the
covenantor; and, except as provided by Section 1466 or as
specifically provided in the instrument creating the covenant, it
shall be binding upon each successive owner, during his or her
ownership, of any portion of the land affected thereby and upon each
person having any interest therein derived through any owner thereof,
where all the following requirements are met:
   (a) The land of the covenantor which is to be affected by the
covenant is particularly described in the instrument containing the
covenant.
   (b) The successive owners of the land are expressed to be bound
thereby for the benefit of the covenantee in the instrument
containing the covenant.
   (c) Each such act relates to the use of land and each such act is
reasonably necessary to protect present or future human health or
safety or the environment as a result of the presence on the land of
hazardous materials, as defined in Section 25260 of the Health and
Safety Code.
   (d) The instrument containing the covenant is recorded in the
office of the recorder of each county in which the land or some
portion thereof is situated and the instrument includes in its title
the words:  "Environmental Restriction."
   Where several persons are subject to the burden of any such
covenant, it shall be apportioned among them pursuant to Section
1467, except that where only a portion of the land is so affected
thereby, the apportionment shall be only among the several owners of
that portion.  This section shall apply to the mortgagee, trustee, or
beneficiary of a mortgage or deed of trust upon the land or any part
thereof while but only while he or she, in such capacity, is in
possession thereof.