What happens to an easement if both the dominant and servant estates come under one ownership?

What happens to an easement if both the dominant and servant estates come under one ownership?

• A. The easement is enhanced
• B. The easement remains in effect
• C. The easement is terminated
• D. The easement is expanded

Answer: (C)

When both the dominant estate (the property benefiting from the easement) and the servient estate (the property encumbered by the easement) come under single ownership, the easement is terminated. This legal principle is rooted in the idea that an easement is intended to serve a different estate; when the two properties are combined, the necessity for the easement no longer exists. This outcome is based on the concept of unity of ownership, where a single individual or entity holds both properties. As a result, the easement is extinguished because there is no longer any need for one estate to benefit from the other in the context of an easement.

When both the dominant estate (the property benefiting from the easement) and the servient estate (the property encumbered by the easement) come under single ownership, the easement is terminated. This legal principle is rooted in the idea that an easement is intended to serve a different estate; when the two properties are combined, the necessity for the easement no longer exists.

This outcome is based on the concept of unity of ownership, where a single individual or entity holds both properties. As a result, the easement is extinguished because there is no longer any need for one estate to benefit from the other in the context of an easement.