William Bernard and Michael Gastrost were attorneys who elected to share office space. Together, they purchased a commercial office building in May 1986. In August 1986, Bernard and Gastrost purchased a ten-space parking lot parcel located close, but not adjacent, to the office building. They purchased the parking lot in part to provide additional parking for their law practices. In 1995, Rudolph and Margaret Garcia approached Bernard and Gastrost about leasing the parking lot to provide parking for their restaurant, Tenampa, which was directly adjacent to the parking lot, because their liquor license required at least ten parking spaces. The parties entered into a lease allowing Tenampa to use the parking lot. In 2000, the Garcias sought to purchase the parking lot. In two separate warranty deeds, Bernard and Gastrost each conveyed their fee simple interest in the parking lot to the Garcias but retained an interest in the parking lot. Specifically, the deed provided that Bernard and Gastrost and "their heirs or assigns shall retain the right to utilize the parking lot up to four spaces during the day, and this will be a continuing right and easement."
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