Canyon Vineyard Estates v. DeJoria

Facts: A buyer purchases an undeveloped parcel of real estate. The grant deed conveying title included a condition stating the parcel is to be kept as a natural, open space no matter who owns the parcel. The buyer seeks to quiet title to the property and eliminate the use restriction condition in the seller’s grant deed so the buyer can market the parcel for sale as a development opportunity.

Claim: The buyer claims they are not subject to limitations on their use of the parcel since the creation of a conservation easement was not explicitly stated in the grant deed.

Counterclaim: The seller claims the open space condition in the grant deed prohibits the buyer from selling the parcel for development since the condition to keep the parcel a natural, open space in the grant deed created a conservation easement.

Holding: A California appeals court holds the buyer is not entitled to quiet title to the property to eliminate the use condition in the grant deed for an open space and is barred from selling the parcel for development since the provisions for an open space are sufficient to create a binding conservation easement. [Canyon Vineyard Estates v. DeJoria (2022) 78 CA5th 995]

Read Canyon Vineyard Estates v. DeJoria here.

Related reading:

Legal Aspects of Real Estate

Chapter 13: Easements: running or personal