Willard v. First Church of Christ, Scientist, Pacifica

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

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Willard v. First Church of Christ, Scientist, Pacifica

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

Willard v. First Church of Christ, Scientist, Pacifica

Facts

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 (the 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, Peterson, the purchaser of the office building, sought to resell the building. Peterson found a buyer, Donald and Jennie Willard (plaintiffs), who also wished to 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, 10 days later, sold both lots to the Willards. The Willards discovered this easement several months later, and they brought an action to quiet title on the property. The trial court ruled in favor of the Willards. The Church petitioned the California Supreme Court for certiorari.

Rule of Law

Issue

Holding and Reasoning (Peters, J.)

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