medium · National Real Estate Exam land-use

A landowner holds an appurtenant easement over an adjacent parcel.

If the landowner purchases the burdened adjacent parcel in its entirety and combines both lots under a single deed, what is the legal status of the easement?

  1. The easement remains in effect as a recorded encumbrance on the servient portion.
  2. The easement is terminated by merger of the dominant and servient estates.
  3. The easement is automatically converted into an easement in gross for the benefit of the owner.
  4. The easement is suspended until the parcels are sold separately again.

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