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§ 1381.Transactions Conclusive Against Everyone Except Purchaser Or Encumbrancer For Valuable Consideration

Title 10. Unclaimed Property · Chapter 4. Management of Unclaimed Property · Article 3. Sale or Disposal of Property · Enacted 1738 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1381 makes every sale, lease, or other transaction the Controller enters into under this chapter conclusive against everyone, with one exception for a good-faith purchaser or encumbrancer who pays valuable consideration and records a written instrument of title first.

Full Text of § 1381

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All sales, leases or other transactions entered into by the Controller pursuant to this chapter shall be conclusive against everyone, except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or interest by an instrument in writing that is first duly recorded.

Plain-English Summary

Buyers dealing with the state need to know a completed transaction will stick, and Section 1381 gives them that assurance. All sales, leases, or other transactions the Controller enters into under this chapter are conclusive against everyone, meaning no later claimant can undo the transaction after the fact.

The section carves out a single, narrow exception. A purchaser or encumbrancer who acquires title or an interest in good faith, for valuable consideration, through a written instrument that gets recorded first, can prevail over a competing claim to the same property. That exception protects an innocent later buyer who relied on the public record, while the general conclusiveness rule protects the Controller's original transaction from being unwound by someone who shows up afterward.

Frequently Asked Questions

Can a claimant unwind a sale the Controller already completed under this chapter?

Generally no. Section 1381 makes such transactions conclusive against everyone, with only one exception.

What is that exception?

A purchaser or encumbrancer who, in good faith and for valuable consideration, acquires title or an interest through a written instrument that is recorded first.

Why does recording matter to this exception?

Because the exception favors whoever records their written instrument first, giving later buyers and lenders a reliable public record to check before completing their own transaction.

Does this section give the Controller's own sale extra protection beyond the immunity in Section 1378?

Yes. Section 1378 bars suits against the state over the transaction, while this section separately makes the transaction's substantive effect on title conclusive against competing claims.

Amendment History

Added by Stats. 1951, Ch. 1738.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: conclusive effect controller property salegood faith purchaser exception unclaimed property