Washington State Grange v. Brandt

148 P.3d 1069 (2006)

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Nature of the Case

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Facts

In 1911, Shields conveyed by deed a parcel of land, approximately 70 feet by 70 feet, from the southeast corner of their property to the Orchard Grange. The Orchard Grange then constructed a building on the property. In 1950, Gorze, successors to the Shields, conveyed a second parcel to the Orchard Grange by statutory warranty deed. This parcel was approximately two acres in size. The deed from Gorze stated, “… Also, the land herein deeded reverts back to original plot in the event it is no longer used for Grange purposes.” The 1950 deed parcel was used by the Orchard Grange solely for parking and vehicular access. In 2004, the Orchard Grange dissolved, and the 1950 deed parcel ceased to be used for “Grange purposes.” In 1961, the Gorzes conveyed a rectangular 0.63-acre parcel on the northwest side of their 86-acre property to Margaret Gorze's parents, Phil and Elaine Shintaffer. The parcel conveyed in 1961 is currently owned by the John May Living Trust. In 1964, the Gorzes entered into a real estate contract with Ds for the sale of the remainder of the Gorzes' property, approximately 85 acres. In 1984, a statutory warranty deed was conveyed to Ds. In 2005, D discovered a legal description error in the 1984 deed. Ds claim, the Gorzes mistakenly failed to convey to them a tract of land which included the 1950 deed parcel. On March 4, 2005, Ds obtained a quitclaim deed, which purported to correct the legal description error. Ds claim that they acquired the Gorzes' reversionary interest in the 1950 deed parcel. P filed this action against Ds, seeking to quiet title in the Grange to the property conveyed by the 1950 statutory warranty deed. P was granted summary judgment in that 1950 deed's reversionary clause was void in its entirety by application of the rule against perpetuities. The court held that the effect of the void clause was to leave P, as successor to the Orchard Grange, a fee simple absolute interest in the subject property. Ds appealed.