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If the owner of the dominant tenement becomes the owner of the servient tenement and merges the two properties, what happens?

1 Answer

6 votes

Final answer:

The merger of the dominant tenement with the servient tenement results in the termination of the easement due to the principle of merger of title, as one cannot have an easement over their own property.

Step-by-step explanation:

When the owner of the dominant tenement becomes the owner of the servient tenement and merges the two properties, a legal principle called merger of title applies. The easement which existed between the dominant and servient tenements is terminated because an individual cannot have an easement over their own property. This is based on the idea that one cannot owe something to oneself, thus the easement, or the right of use over the servient land, ceases to exist when the ownership of both pieces of land consolidates into a single hand.

answered
User Onenowy
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