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Forming two or more parcels of property under one title. Normally, the smaller parcel (s) are joined to the title of the larger parcel. The merger of title often occurs in an estate settlement where adjoining parcels of property are merged under one title.
In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer of the property.
Merger Doctrine. In criminal law, if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur. This means that the lesser of the two offenses will drop out, and the defendant will only be charged with the greater offense.
As a seller, ensuring that the Survival Clause acts as a statute of limitations will provide comfort that once the survival period ends, the seller no longer needs to worry about a claim by the buyer that the seller breached its representations and warranties.
The Non-Merger clause provides that the parties' obligations under the agreement, and any other prior agreement, will survive the closing.
Manners of Termination An easement may be extinguished by merger. ... An easement is extinguished by prescription if the owner of the serving estate or someone else uses property subject to the easement in a way that is not consistent with the use of the easement.
An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.
Stop using the easement or block use of the easement. Depending on whether you are the dominant estate holder or the serving estate holder, you will have the option to terminate an easement by either abandonment or prescription. ... If you are the dominant estate holder, you can terminate an easement through abandonment.
Courts generally assume easements are created to last forever, unless otherwise indicated in the document creating the easement. Despite this, an individual granting an easement should avoid any potential legal or interpretive problem by expressly providing that the easement is permanent.
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the serving owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.
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