California Real Estate SalespersonProperty Ownership and Land Use ControlsHard
Owner A holds an easement across Owner B's lot for driveway access. Owner A later purchases Owner B's entire lot, becoming sole owner of both the dominant and servient tenements. What happens to the easement?
- AIt is extinguished by merger because one person now owns both parcels
- BIt remains in effect indefinitely since it was properly created
- CIt converts automatically into an easement in gross
- DIt must be re-recorded to remain valid
Show answer & explanationAnswer & explanation
Correct answer: A. It is extinguished by merger because one person now owns both parcels
An easement is extinguished by the doctrine of merger when the dominant and servient tenements come under common ownership, because a person cannot hold an easement over their own land; the right of use continues but simply as an incident of full ownership.
Why the other options are wrong
- B. Once one owner controls both parcels, the easement legally ceases to exist as a separate property right due to merger.
- C. An easement in gross benefits a person, not land, and merger doesn't convert an appurtenant easement into gross; it simply terminates it.
- D. Re-recording is irrelevant; the doctrine of merger operates automatically by operation of law upon common ownership.
Termination by Merger
An easement automatically terminates when the same person acquires unified title to both the dominant and servient tenements, since one cannot hold an easement over land they already own outright.
- Occurs automatically upon common ownership of both parcels
- If the parcels are later separated again, the easement does not automatically revive
- One of several ways easements terminate, along with release, abandonment, and expiration of purpose
Memory trick: One owner, one lot — the easement's job is forgot (merger extinguishes it).