Willard v. First Church Of Christ, Scientist

7 Cal 3d 473, 102 Cal. Rptr. 739, 498 P.2d 987 (1972)

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Nature of the Case

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Facts

McGuigan owned two abutting lots known as lots 19 and 20. There was a building on lot 19, and lot 20 was vacant. McGuigan was a member of the church that was located across the street from her lots. She permitted the use of lot 20 for parking during church services. McGuigan sold lot 19 to Peterson. Peterson wanted to resell the lot, so he listed it with Willard (P) who was a realtor. P wanted to buy both lots 19, and 20 and P signed a deal with Peterson for the sale of the two lots. Peterson delivered a deed into escrow for both lots in fee simple. At the time, Peterson agreed to sell both lots, he did not own lot 20. Peterson approached McGuigan for an offer to purchase lot 20. McGuigan conveyed lot 20 to Peterson subject to an easement allowing the First Church of Christ, Scientist (D) to use it as a parking lot during services. This easement was listed on the deed and was subject to the church using the lot for parking, and it was to run with the land so long as the property for whose benefit the easement is given is used for church purposes. Peterson sold the lot to Willard (P) in fee simple and then P recorded the deed that did not mention the easement. Peterson did mention that the church wanted to use the lot for parking, but P had no knowledge of the easement. Several months later, P became aware of the easement and sued to quiet title. The trial court held for P. The court held that the intent was to convey an easement, but a grantor, in deeding property to one person, cannot reserve an interest in the same property to a third-party stranger to title. D appealed.