Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: TITLE 3. RIGHTS AND DUTIES OF PARTIES. 16. Relntive rights of encumbrancer in possession and owner of property. 17. Interested person may discharge encumbrance when due. 18. Inferior encumbrancer may in case of necessity satisfy superior encumbrance before maturity. 19. Subrogation of inferior encumbrancer to claim which he is compelled to pay. 20. Subrogation to security canceled by mistake of fact. 21. Rights of superior encumbrancer as limited by rights of inferior encumbrancer. 22. Application of proceeds when securing two obligations. 16. Relative Rights of Encumbrancer in Possession and Owner of Property. The holder of property by virtuc of an encumbrance thereagainst is not entitled to compensation from the owner thereof for any ordinary expenses which he incurs respecting it. But the owner must compensate the holder for expenses necessarily incurred by him to preserve the property from unexpected and unusual injury, unless he surrenders the property to the holder in cxonoration of this liability, and must indemnify him for damage caused by defects or vice therein which he knew at the time of parting with the possession of the property and concealed from the person to whom he transferred the possession.1 i Relative Rights of Encumbrancer and Owner.— Civil Code, section 2892, provides: "One who holds property by virtue of a lien thereon is not entitled to compensation from the owner thereof for any trouble or expense which he incurs respecting it, except to the same extent as a borrower, under sections 1892 and 1893." Section 1892: "The borrower of a thing for use must bear all its expenses during the loan, except such as are necessarily incurred by him to preserve it from unexpected and unusual injury. For such expens...