Section 1337.45 | Real property.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to do all of the following:
(A) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
(B) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(C) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(D) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted;
(E) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including all of the following:
(1) Insure against liability or casualty or other loss;
(2) Obtain or regain possession of or protect the interest or right by litigation or otherwise;
(3) Pay, assess, compromise, or contest taxes or assessments or apply for and receive refunds in connection with taxes;
(4) Purchase supplies, hire assistance or labor, and make repairs or alterations to the real property.
(F) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(G) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including all of the following:
(1) Sell or otherwise dispose of them;
(2) Exercise or sell an option, right of conversion, or similar right with respect to them;
(3) Exercise any voting rights in person or by proxy.
(H) Change the form of title of an interest in or right incident to real property;
(I) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
Available Versions of this Section
- March 22, 2012 – Senate Bill 117 - 129th General Assembly [ View March 22, 2012 Version ]