Handlery

This appeal arises out of an action by respondent County of Solano (County) to quiet title to certain real property it received as a gift from appellant Paul Handlery’s parents, Rose and Harry Handlery, in 1946 (the property). Below, County sought a judicial determination that it owned the property free of certain restrictions on its use that were contained in the grant deed executed by Harry and Rose Handlery in 1946, and reiterated in a quitclaim deed executed by Harry and Rose Handlery in 1947. Appellant Paul Handlery (Handlery), in turn, filed a cross-complaint seeking a judicial declaration of the parties’ respective rights and obligations with respect to the property. The trial court granted summary judgment on both the complaint and cross-complaint in County’s favor. For reasons set forth below, we reverse the trial court’s grant of summary judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In 1946 and 1947, Rose and Harry Handlery (collectively, Grantors) executed two deeds conveying to County certain real property located in the City of Vallejo, Solano County. Under the first deed, a grant deed executed in 1946, Grantors conveyed the property to County in…