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If you have a Church deed with a reversion clause, can you…

Customer Question
If you have a Church...
If you have a Church deed with a reversion clause, can you execute a parking easement for an adjacent Building?
Submitted: 2 years ago.Category: Real Estate Law
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Customer reply replied 2 years ago
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11/24/2015
Real Estate Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,876
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

By reversion I presume that you mean that if the church ceases operation in the future, that the property must be immediately transferred back to the party who sold or donated the land to the church in the first place.

So, in this circumstance, while the church could grant a revocable license to the owner of the adjacent building to use the church parking lot, the church may not give a permanent easement to that next door neighbor as that would legally interfere with the rights that the reversionary owner has in the property. The church may not encumber the property in any manner that would result in the reversionary owner getting less than full property rights returned in the event that the church ceases operation and triggers the reversion of the property to the earlier owner or their heirs.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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