Pergament v. Loring Properties, Inc.
Minnesota Supreme Court
599 N.W.2d 146 (1999)
In 1987, BSR Properties (BSR) purchased an apartment-building property. To finance the purchase, BSR obtained a loan from Midwest Federal Savings and Loan (Midwest) and secured the loan with a mortgage for the apartment building. At Midwest’s request, BSR obtained a parking easement from an adjacent office-building property, making the apartment building a dominant estate and allowing it to use eight parking spaces in the adjacent property’s parking lot. In 1988, BSR acquired the adjacent property or servient estate, and mortgaged it to Canada Life Insurance Company (Canada Life). With this second purchase, BSR united the titles to the parking easement’s dominant and servient estates. In 1990, BSR conveyed the adjacent property to Canada Life in lieu of foreclosure, and mentioned the parking easement in the deed. In 1993, Canada Life sold the adjacent lot to Loring Properties (Loring) (defendant). Canada Life did not include the easement in the deed to Loring, but it was mentioned in the title insurance policy. In 1997, BSR sold the apartment-building property to Brian A. Pergament (plaintiff). At that time, BSR also paid off Midwest’s loan on the property. The deed to Pergament mentioned the easement, but Pergament was not aware of it. From the date the easement was created, all parking spaces were used by the office building on the adjacent lot. When Pergament discovered the easement, he requested Loring designate eight parking spots for apartment residents. Loring refused. Pergament sued to enforce the easement. The district court found for Pergament, and the court of appeals affirmed. Loring appealed.
Rule of Law
Holding and Reasoning (Anderson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.