Tuesday, December 31, 2013

Willard v. First Church of Christ, Scientist, Pacifica case brief

Willard v. First Church of Christ, Scientist, Pacifica case brief summary
498 P.2d 987 (1972)

CASE SYNOPSIS
Defendant appealed a decision from the Superior Court of San Mateo County (California) that quieted title in a property in favor of plaintiffs.

CASE FACTS
Plaintiffs purchased property that a former owner had conveyed subject to an easement for automobile parking during church hours. Plaintiffs' deed did not mention the easement.

ISSUE
Whether a grantor may, in deeding real property to one person, effectively reserve an interest in the property to another.

DISCUSSION/HOLDING
The court reversed the judgment of the lower court and held that such a reservation vested the interest in the third party.

CONCLUSION
Judgment reversed in favor of defendants. The grantor, in deeding the property to plaintiff's seller had vested an interest in the property to defendant.

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