McGuigan owned two adjacent parcels (commonly referenced as Lots 19 and 20) near the First Church of Christ, Scientist in Pacifica, California. The church had long used a portion of Lot 20 for parishioner parking during services and church activities with McGuigan's permission. In connection with selling her properties, McGuigan conveyed one parcel to the church and also conveyed Lot 20 to Willard. In the deed conveying Lot 20 to Willard, McGuigan included language reserving an easement over Lot 20 for automobile parking during church hours in favor of the First Church of Christ, Scientist, so long as the property was used for church purposes. The instrument was recorded. Willard, a real estate professional, had actual and record notice of the reservation and, according to the evidence, paid a lower purchase price in light of that encumbrance. After closing, Willard sought to quiet title against the church, arguing the reserved interest was void because, under the old common-law rule, a grantor could not reserve an interest in a deed for the benefit of a third party (a stranger to the deed). The trial court agreed and invalidated the easement. The church appealed.
May a grantor, by reservation in a deed, create an easement over the conveyed land in favor of a third party (here, a church), enforceable against the grantee and subsequent purchasers with notice?
Modern California law gives effect to a grantor's clearly expressed intent in a deed and permits a reservation creating an easement in favor of a third party; the common-law rule barring reservations to a stranger to the deed is abolished. A recorded reservation gives constructive notice under the recording statutes and is enforceable against subsequent purchasers who take with actual or constructive notice. The appurtenant-or-in-gross classification turns on whether the easement benefits a particular parcel (appurtenant) or a person/entity independent of land ownership (in gross), but the method of creation via reservation is valid in either case.
Yes. The California Supreme Court rejected the common-law prohibition and held that a grantor may reserve an easement in favor of a third party in a deed. The reserved parking easement in favor of the church was valid and enforceable against Willard, who purchased with notice.
The court identified the so-called stranger-to-the-deed rule as an anachronistic technicality that elevated form over substance and thwarted grantors' obvious intentions. The better modern approach—reflected in scholarly commentary, the Restatement, and a growing number of jurisdictions—is to effectuate the grantor's expressed intent so long as the conveyance is otherwise valid and notice principles are honored. Here, the deed to Willard unambiguously reserved a parking easement over Lot 20 for the church during church hours, limited in duration to so long as used for church purposes. That language clearly expressed McGuigan's intent to burden Lot 20 for the church's benefit, and the reservation was recorded. The court emphasized there was no unfair surprise: Willard had actual and record notice of the reservation and paid a reduced price that reflected the burden. Consequently, enforcing the easement neither upended settled expectations nor impaired alienability; instead, it vindicated the parties' bargain and the grantor's intent. The court therefore abolished the common-law bar in California, recognizing the validity of third-party reservations. As to classification, the court noted that whether the easement is appurtenant (benefiting the church's parcel and running with it) or in gross (benefiting the church as an entity) does not affect enforceability in this posture; the key is that the burden on Lot 20 was properly created and recorded. The temporal limitation—only during church hours and only so long as used for church purposes—simply defines the scope and duration of the servitude, not its validity.
For law students, Willard is a doctrinal pivot point. It: (1) abolishes the formalistic stranger-to-the-deed rule, signaling courts' turn toward intent and notice in conveyancing; (2) illustrates how easements can be tailored in scope (church hours) and duration (terminating if church use ceases); (3) highlights the relationship between servitudes and recording/notice principles; and (4) frames the appurtenant-versus-in-gross inquiry as distinct from the question of valid creation. On exams, Willard supports arguments that a deed's clear language reserving rights to someone other than the grantor or grantee should be enforced, especially when purchasers had notice and pricing reflected the burden.
Willard v. First Church of Christ, Scientist reorients servitudes law toward honoring expressed intent and protecting reliance via notice, discarding a technical rule that invalidated otherwise sensible arrangements. By validating a deed clause that reserved parking rights in favor of a church, the court aligned doctrine with everyday land use practices in growing communities.