Appeal from the Order of the Court of Common Pleas, Lycoming County, Civil Division, at No. 84-02,222.
James R. Protasio, Williamsport, for appellant.
Malcolm S. Mussina, Williamsport, for appellee.
Brosky, Watkins and Montgomery, JJ.
[ 370 Pa. Super. Page 147]
This is an appeal from the Order entered by the trial court denying appellant's Post Trial Motions in this action to quiet title.
Appellant raises three questions for our consideration: (1) whether the trial court erred in failing to apply a reasonable time standard in determining the existence of a time limitation within which to comply with a condition subsequent; (2) whether the trial court erred in deciding that the drafting of plans for an addition to appellee's building is sufficient to comply with the requirements of the condition subsequent contained in the deeds; and (3) whether the trial court erred in interpreting the Grantor's intent and in determining that the present use and future planned use of the land is consistent with that intent.
Upon consideration of the trial court opinion and briefs by counsel, we hereby affirm the order in question.
On May 27, 1957, Samuel H. Hoff et ux. conveyed a 2.5 acre parcel of land to appellee. The deed of conveyance contained the following language:
This deed is made expressly upon the condition that the premises herein granted are to be used exclusively for a site for the erection and maintenance of a church building for the Hepburn Baptist Church of Hepburn Township, and whenever the same shall cease to be used for such purposes this deed shall become void and the title to the premises shall revert to the grantors herein, their heirs and assigns.
In 1957, when appellee acquired title to the parcel, a church facility had existed for approximately 100 years on an adjoining piece of real estate. Appellee had sold an adjoining lot three years earlier to raise funds to remodel the church basement. Shortly after the acquisition of the 2.5 acres, appellee started a building fund to enlarge and improve the existing church building. No building has been
[ 370 Pa. Super. Page 148]
constructed on the land acquired from Samuel Hoff in the 30 ...