Pergament v. Loring Properties, Inc.

BSR Properties obtained a parking easement over an adjacent lot for its apartment building (financed by a mortgage from Midwest Federal), then later bought that adjacent lot itself, uniting the dominant and servient estates in one owner (BSR), before conveying the adjacent lot to Canada Life in lieu of foreclosure (still mentioning the easement) and eventually selling the apartment building to Brian Pergament (plaintiff) after paying off the Midwest mortgage; the deed to Pergament also mentioned the easement, though he was unaware of it. Canada Life later sold the adjacent lot to Loring Properties (defendant) without mentioning the easement in that deed (though it appeared in title insurance). When Pergament discovered the easement and demanded parking spaces, Loring refused, and Pergament sued to enforce it; lower courts ruled for Pergament, and Loring appealed.