Property OwnershipIntermediateAlabama Exam

Which of the following would terminate an easement appurtenant in Alabama?

AThe death of the dominant estate owner
BThe merger of the dominant and servient estates under common ownershipCorrect
CThe sale of the servient estate
DA zoning change affecting the servient estate, across most transactions

Why The merger of the dominant and servient estates under common ownership Is Correct

Answer B: The merger of the dominant and servient estates under common ownership

Merger occurs when the same person acquires both the dominant and servient estates. Since one cannot have an easement over their own land, the easement is extinguished.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

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