How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35383
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I have a permanent right of way that was granted to me by

Customer Question

I have a permanent right of way that was granted to me by the land owner whose property I had to go through to get to my property. I now own both properties. The one to which the right of way was granted and the one through which the right of way goes through. My question is can I as the owner of both properties do away with that permanent right of way since I no longer need it and I do not want for anyone else to have use of it?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

Yes, under the "doctrine of merger", if the easement was on parcel A (the servient estate) for the benefit of parcel B (the dominant estate), and the same person becomes the owner of both parcels, then the easement is automatically extinguished.

.

So once you became the sole owner of both properties, the easement automatically extinguished.

.

If you ever sold either property, you would have to expressly grant the buyer for A another easement for them to be able to cross over B.

.

.

thanks

Barrister

Customer: replied 1 year ago.
I have a fellow up question does the doctrine of merger still apply if more than one owner exists in both properties but owners in both properties are the same?
Expert:  Barrister replied 1 year ago.

I am not following you... Do you mean that 1 owns plot B, but 1 and 2 own plot A?

.

If so, then it still applies if the easement is on plot A because 1 owns an interest in both properties. If the easement was on plot B, then it wouldn't extinguish it because 2 only has an interest in plot A, but not B, so would still need the easement to cross B.

.

.

thanks

Barrister

Related Real Estate Law Questions