§ 760.010.Definitions
Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 1. General Provisions · Enacted 1980 · no amendments on record · Last verified July 28, 2026
Full Text of § 760.010
Plain-English Summary
This section sets the vocabulary for the rest of Chapter 4. A “claim” is broad by design — it reaches any legal or equitable right, title, estate, lien, or interest in property, and it also reaches a cloud on title, meaning something in the public record that casts doubt on ownership even without a competing ownership claim. That breadth is what lets a single quiet title action under § 760.020 resolve a mortgage lien, a boundary dispute, an old easement, or a forged deed all as “claims” against the plaintiff's title.
“Property” starts with real property, the chapter's main subject, but reaches personal property too, wherever the rest of the chapter applies to it. Later sections build directly on these definitions — the complaint requirements in § 761.020 describe the “property” at issue and the “adverse claims” against it using exactly the vocabulary this section sets.
Frequently Asked Questions
What counts as a “claim” for purposes of a California quiet title action?
Any legal or equitable right, title, estate, lien, or interest in the property, or a cloud upon title — a broad definition that covers competing ownership claims, liens, easements, and defects in the chain of title alike.
Does the quiet title chapter cover personal property, or only real estate?
Both. Section 760.010 defines “property” to include real property and, to the extent the chapter's provisions apply, personal property as well.
What does “cloud on title” mean in this context?
It refers to a recorded document, claim, or other matter that appears to affect ownership of property but that the plaintiff contends is invalid or unenforceable.
Amendment History
Added by Stats. 1980, Ch. 44, Sec. 15.