Written by attorneys · grounded in primary & secondary sources — see below
A legal consequence that occurs automatically upon the satisfaction of specified conditions without any affirmative act by the parties or a court order. The consequence attaches by force of statute, common law doctrine, or the nature of the underlying legal relationship.
Brittany Bell owns land in State X and dies intestate. Her heirs in State Y claim the property passes under State Y succession rules. The court applies State X law to decide whether title transferred by operation of law and what interest the heirs receive.
Benito Benitez and his spouse hold their home as tenants by the entirety. While divorce proceedings are pending, Benito executes a will leaving the home to a third party. Upon Benito's death the home passes by operation of law to the surviving spouse rather than under the will.
Select any source to read its text and confirm it supports the definition.
Byron Bishop inherits a membership interest in Blue Horizon Industries LLC from his late father, who was a member when the alleged misconduct occurred. Bishop may maintain a derivative action because his member status arose by operation of law from a person who was a member at the time of the conduct.
Beatrice Brown grants a mortgage containing a power-of-sale clause on her factory. After her death the lender forecloses and sells the property at auction to Beacon Bank. Title passes to the bank by operation of law even though no deed was executed by the estate's personal representative.
Brenda Booth pays off the mortgage on property owned by Bay Area Systems to prevent foreclosure. Subrogation arises by operation of law, assigning the mortgage and underlying obligation to Booth so she may enforce the lien against the property.
Bethany Boyd receives a partnership interest in Brookside Pharmaceuticals LP from her deceased partner. Boyd may bring a derivative action because her status as partner devolved on her by operation of law from a person who was a partner when the misconduct occurred.
No. Title passes by operation of law to the surviving joint tenant even if the deceased attempts to devise the property in a will.
Supporting sources
A possessory lien created by operation of law has priority over a security interest when the lien secures payment for services furnished in the ordinary course of business and its effectiveness depends on continued possession.
Supporting sources
The burden passes automatically by operation of law upon conveyance of the servient parcel when the easement was properly created and recorded.
Supporting sources
The covenant terminates by operation of law after a reasonable time when it is not tied to ongoing services or facilities furnished to the burdened land.
Supporting sources
Yes. The benefit runs to current possessors, including those who acquired possession by adverse possession after the statutory period, by operation of law.
Supporting sources
…are basically contractual in nature (see Cal. U. Com. Code, § 2313, com. 1), the implied warranty of merchantability arises by operation of law. ( Holmes Packaging Mach. Corp. v. Bingham (1967) 252 Cal. App.2d 862, 873 [60 Cal. Rptr. 769]; Intrastate Credit Service, Inc. v. Pervo Paint Co. (1965) 236 Cal. App.2d 547, 550 [46…