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PERGAMENT v. LORING PROPERTIES, LTD.

No. CX-98-1031.

599 N.W.2d 146 (1999)

Brian A. PERGAMENT, Respondent, v. LORING PROPERTIES, LTD., petitioner, Appellant.

Supreme Court of Minnesota.

September 2, 1999.

Attorney(s) appearing for the Case

Robert Lewis Barrows, Leonard, Street and Deinard, P.A., Minneapolis, for appellant.

Lonny D. Thomas, Gregory M. Erickson, Thomas & Associated, P.A., Woodbury, for respondent.

Amicus curiae The Minnesota State Bar Association Section on Real Property Law, Keith E. Ekstrom, Wayzata.

Heard, considered, and decided by the court en banc.

OPINION

RUSSELL A. ANDERSON, Justice.

We are asked to determine when the mortgage exception to the merger doctrine prevents an easement from being extinguished. We conclude that at the time fee title to the dominant estate is united with fee title to the servient estate, the easement is extinguished with this exception: a mortgagee of the dominant estate will be entitled to the benefit of the easement should the mortgagee's interest become possessory.

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