What happens when two properties with an easement are merged under one owner?

Prepare for the Encumbrances Test with multiple choice questions and flashcards. Each question includes hints and explanations. Ace your exam with confidence!

When two properties that have an easement are merged under one owner, the easement could be eliminated due to the legal concept known as "unity of ownership." This principle holds that if the dominant estate (the property benefiting from the easement) and the servient estate (the property burdened by the easement) come under the same ownership, the easement is no longer necessary. Thus, the easement can be extinguished because the purpose it served—to provide access or use rights across a property—is effectively rendered moot when the same person owns both properties.

The other options introduce concepts that do not apply to this scenario. The easement cannot remain in effect if the properties are unified under one owner, as there is no longer a need for the easement. It also does not automatically transfer to another property, nor does it become a license, which would imply a temporary or permission-based use rather than an ongoing right tied to the property. Therefore, the most accurate outcome of the merger of two properties with an easement under one owner is that the easement could be eliminated.

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