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Willard v. First Church of Christ, Scientist, Pacifica
Supreme Court of California
7 Cal.3d 473, 498 P.2d 987, 102 Cal.Rptr. 739 (1972)
Genevieve McGuigan owned two adjacent plots of land in Pacifica, California. A small office building was located on one plot, and a parking lot on the other. McGuigan allowed the First Church of Christ, Scientist, Pacifica (Church) (defendant) to use her lot during church services. McGuigan eventually sold the lot with the office building, but retained ownership in the parking lot. Soon thereafter, the purchaser (Peterson) of the office building sought to resell said building. He found a buyer, Donald and Jennie Willard (plaintiffs), who wished to also purchase the parking lot. Peterson agreed to sell both lots, which required him to purchase the parking lot from McGuigan. McGuigan sold the land to Peterson, but in the deed, created an easement for the Church to use the property for parking during church services. Peterson then recorded the deed, and ten days later, sold both lots to the Willards. The Willards discovered this easement several months later, and brought an action to quiet title on the property. The trial court ruled in favor of the Willards. The Church petitioned for certiorari to the Supreme Court of California.
Rule of Law
Holding and Reasoning (Peters, J.)
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