Reserving Interests in Land: Lessons from Willard v. First Church of Christ, Scientist – A Guide to Understanding Grantor’s Right to Allocate Land Interests.

May a grantor reserve an interest in the land to be granted, for use by a third party? (Willard v. First Church of Christ, Scientist)

Yes. A grantor may reserve an interest in the land to be granted, for use by a third party.

Yes, a grantor may reserve an interest in the land to be granted for use by a third party. This was established in the case of Willard v. First Church of Christ, Scientist.

In this case, the grantor owned a piece of land on which a church was built. The grantor sold the land to the church, but reserved a right-of-way for a driveway across the property to be used by the grantor’s neighbor. The neighbor had been using the driveway for more than 20 years and the grantor did not want to disrupt their use of the driveway.

The court held that the grantor was entitled to reserve the right-of-way for the neighbor, even though it was not explicitly stated in the deed. The court found that the reservation was a valid and enforceable interest in the land, and that the grantor had the right to reserve such an interest in the land being granted.

Therefore, a grantor may reserve an interest in the land to be granted for use by a third party, as long as the reservation does not conflict with any existing laws or agreements.

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