Merger termination: Merger occurs when owner of the easement acquires fee title to the underlying land.

• A. It terminates automatically upon any sale
• B. It terminates when owner acquires fee title to the underlying estate
• C. It terminates if servient owner consents
• D. It terminates if dominant estate is sold

Answer: (B)

Merger terminates an easement when the same person ends up owning both sides of the burden and the benefited land. An easement appurtenant depends on two distinct owners: the dominant estate owner who has the right to use the servient land, and the servient estate owner who bears the burden of that use. When the dominant owner also acquires full ownership of the servient land (fee title), the separation that the easement depended on disappears, so the easement no longer serves any purpose and is extinguished automatically by merger.

That’s why acquiring fee title to the underlying land is the trigger for termination. Simply selling one estate to a third party doesn’t by itself terminate the easement, and the servient owner’s consent does not remove the easement. Likewise, selling the dominant estate to another party doesn’t terminate the easement, since the easement would simply attach to the new dominant owner unless merger occurs later.