Writings Affecting Real Property in California

In the California Evidence Code, Division 11, Chapter 3, there are rules related to official writing affecting property. Section 1600 explains that the record of an instrument or other document purporting to establish or affect an interest in property is prima facie evidence of the existence and content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed if the record is in fact a record of an office of a public entity, and a statute authorized such a document to be recorded in that office.

In addition, the presumption established by this section is a presumption affecting the burden of proof. Section 1601 provides that, when in any action it is desired to prove the contents of the official record of any writing lost or destroyed by conflagration or other public calamity, after proof of the loss or destruction, then specified alternatives, without further proof, may be admitted in evidence to prove the contents of that record, such as an abstract of title.

In addition, no proof of the loss of the original writing is required other than the fact that the original is not known to the party desiring to prove its contents to be in existence. Any party desiring to use evidence admissible under this section is required to give reasonable notice in writing to all other parties to the action of their intention to use this evidence at the trial of the action.

Section 1603 specifies that a deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of any of the courts of record of this state, acknowledged and recorded in the office of the recorder of the county wherein the real property therein described is situated, is prima facie evidence that the property or interest was conveyed to the grantee named in such deed. The presumption established by this section is a presumption affecting the burden of proof.

Section 1604 states that a certificate of purchase, or of location, of any lands in this state, issued or made in pursuance of any law of the United States or of this state, is prima facie evidence that the holder or assignee of the certificate is the owner of the land.

Section 1605 provides that duplicate copies and authenticated translations of original Spanish title papers relating to land claims in this state, derived from the Spanish or Mexican governments, prepared under the supervision of the Keeper of Archives, authenticated by the Surveyor-General or his successor and by the Keeper of Archives, and filed with a county recorder, are admissible as evidence.