Ginny owned two adjacent plots of land in Pacifica. A small office building was located on one plot and a parking lot on the other.

Ginny owned two adjacent plots of land in Pacifica. A small office building was located on one plot and a parking lot on the other. Ginny allowed a church to use her lot during church services. She eventually sold the lot with the office building to Peter but retained ownership of the parking lot. Peter found a buyer for the office building, Will, who also wanted to purchase the parking lot. Ginny agreed to sell the parking lot to Peter, but in the deed she created an easement for the church to use the property for parking during church services. Peter recorded the deed, and a week later he sold both lots to Will. Will discovered the easement for parking several months later and brought an action to quiet title on the property. Who will most likely prevail, the church or Will? SELECT ONLY ONE BELOW. 

The church, if the court determines that Will had no notice of the church’s easement.

The church, if the court disregards the common law rule that a grantor cannot reserve an interest in favor of a third-party grantee.

Will, because a grantor is allowed to reserve an interest in favor of a third party.

Will, because he was a subsequent purchaser without notice of the church’s easement.

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