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

Customer Question
the land owner whose property...
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
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Answered in 8 minutes by:
12/29/2015
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,628
Experience: 17 years real estate, Realtor. Landlord 26 years
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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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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.

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

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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.

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thanks

Barrister

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Customer reply 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?
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago

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

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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.

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.

thanks

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,628
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Experience: 17 years real estate, Realtor. Landlord 26 years

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