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Real Property • Easements
PROP#113
Legal Definition
If the same person acquires the easement and the servient estate, the dominant and servient estates merge. Later separation does not automatically renew the easement.
Plain English Explanation
The value of an easement is that it gives power to a person who does not own or possess a parcel of property to do something on that piece of property, even if its owner/possessor doesn't want them to. It is a property right that burdens property to provide someone a benefit.
In other words, an easement must be owned by a different person than the person who owns the burdened estate.
Thus, when the person who owns the dominant estate that benefits from the easement acquires the servient estate burdened by the easement, the easement is terminated.
In other words, an easement must be owned by a different person than the person who owns the burdened estate.
Thus, when the person who owns the dominant estate that benefits from the easement acquires the servient estate burdened by the easement, the easement is terminated.
Hypothetical
Hypo 1: Amy owns Whiteacre. Bob owns Blackacre, with an easement to access a road on Whiteacre in order to get to the public road. Amy sells Whiteacre to Bob. Result: Bob now owns Whiteacre (the servient estate) and Blackacre (the dominant estate), which means the easement is extinguished.
Visual Aids
Related Concepts
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When may an easement be implied without preexisting use?
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