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§ 859.Recording Certified Copy of Decree

Title 10. Actions In Particular Cases · Chapter 8. Actions Against Coowners of Mines · Enacted 2016 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 859 lets the coowner who obtained a judgment under § 858 record a certified copy of the decree in the recorder's office of every county where any part of the mine or mining claim is situated.

Full Text of § 859

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A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the mine or mining claim is situated.

Plain-English Summary

A court judgment vesting ownership doesn't automatically show up in the public land records. Section 859 closes that gap by letting the coowner who won under § 858 record a certified copy of the decree with the recorder in every county where any part of the mine or mining claim sits.

For a mine or mining claim that spans more than one county -- the same situation § 856 addresses for venue -- this section makes sure the recorded ownership change follows the property into every county where it is located, not only the one where the case was filed.

Frequently Asked Questions

Does the § 858 judgment automatically update property records?

No. It must be recorded under § 859 to appear in the county recorder's records.

Where should the decree be recorded if the mine spans multiple counties?

In the recorder's office of each county in which any part of the mine or mining claim is situated.

Amendment History

Renumbered from Ca. Civ. Proc. Code §856 and amended by Stats 2016 ch 86 (SB 1171),s 38, eff. 1/1/2017.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: recording decree mining claim californiacertified copy judgment mine ownership