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Keywords

willeasementcommon law

appealwillcommon law

Related Cases

Willard v. First Church of Christ, Scientist, 7 Cal.3d 473, 498 P.2d 987, 102 Cal.Rptr. 739

Facts

Genevieve McGuigan owned two lots in Pacifica, one of which was sold to Petersen, who intended to sell both lots to Willard. McGuigan allowed the church to use the vacant lot for parking during services and agreed to sell it to Petersen with a clause in the deed reserving an easement for the church. Willard purchased the property without knowledge of the easement clause, which was not mentioned in the deed he received. After discovering the easement, Willard sought to quiet title against the church.

Willard paid the agreed purchase price into the escrow and received Petersen's deed 10 days later.

Issue

Can a grantor, in deeding real property to one person, effectively reserve an interest in the property to another party?

We hold that in this case such a reservation vests the interest in the third party.

Rule

The common law rule that one cannot reserve an interest in property to a stranger to the title is outdated and should not be applied if it frustrates the grantor's intent.

The common law rule conflicts with the modern approach to construing deeds because it can frustrate the grantor's intent.

Analysis

The court analyzed the intent of the grantor, concluding that the common law rule was no longer applicable in modern conveyancing. It emphasized that the primary objective is to give effect to the grantor's intent, which in this case was to allow the church to use the property for parking. The court found that the easement clause was valid and should be enforced despite the common law rule.

In view of the obvious defects of the rule, this court has found methods to avoid it where applying it would frustrate the clear intention of the grantor.

Conclusion

The court reversed the lower court's judgment, allowing the church to maintain its easement for parking on the property.

The judgment is reversed.

Who won?

The First Church of Christ, Scientist prevailed because the court recognized the validity of the easement clause, which reflected the grantor's intent.

The church has appealed.

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Keywords

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McLean v. Fleming, 96 U.S. 245, 6 Otto 245, 1877 WL 18479, 24 L.Ed. 828

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