Monday, April 29, 2013

Mountain Brow Lodge No. 82, Independent Order of Odd Fellows v. Toscano case brief

Mountain Brow Lodge No. 82, Independent Order of Odd Fellows v. Toscano case brief summary
257 Cal.App.2d 22

CASE SYNOPSIS: Appellant fraternal lodge sought review of a judgment from the Superior Court of Merced County (California), which refused to quiet title to property gifted to appellant by certain grantors, of whose estate respondents were trustees and administrators.

FACTS: The Appellant, Mountain Brow Lodge No. 82, Independent Order of Odd Fellows, instituted an action to quiet the title to a parcel of real property.  The property at issue was gifted to appellant fraternal order, but the deed restricted the use and benefit of the property to appellant only. The court affirmed the judgment for respondents, trustees and administrators of the grantors' estates.

HOLDING:
The court held that a restraint on alienation also contained in the deed was severable from the restriction on use and did not render the use restriction invalid.

ANALYSIS:
Turning to the use restriction, the court held that it created an enforceable condition subsequent on the estate granted, with title to revert to respondents if the land ceased to be used for lodge, fraternal, and the similar purposes for which appellant was formed. The court held that although the condition had the effect of destroying the alienability of the land, it was not invalid. The court noted that the distinction between a covenant which restrained the alienation of a fee simple absolute and a condition that restricted land use and created a defeasible estate was long recognized at common law and remained recognized in California.

CONCLUSION: The court affirmed the judgment for respondents, trustees and administrators. The court held that the restriction on use contained in a gift deed to appellant fraternal lodge was a valid and enforceable condition subsequent even though it was tantamount to a restrain on alienation.

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