Question

If the dominant estate merges with the servient estate, which of these is TRUE?

A. The easement remains in effect for the entire parcel.
B. The easement is suspended but cannot be terminated.
C. The easement is terminated.
D. The new owner must bring a suit seeking severance of the easement from the combined properties.

Answer 1

If the dominant estate merges with the servient estate, the easement is terminated.

Step-by-step explanation:

If the dominant estate merges with the servient estate, the easement is terminated. When the dominant and servient estates merge, the ownership of both properties is consolidated into one, and the rights and obligations associated with the easement are extinguished. This means that the new owner of the combined properties does not need to bring a suit seeking severance of the easement.