When is an easement extinguished?
Tariwala v. Mack (No. B311232, (Cal. App. 2022) involved an easement that allowed access to a landlocked property. The appellant acquired ownership of both the dominant and servient properties, but later lost ownership of the dominant property. The new dominant property owners were blocked by the appellant from accessing the easement. The appellant claimed that the doctrine of merger had extinguished the easement, but the trial court found the easement to be valid and enforceable. On appeal, the appellant argued that the trial court should have applied the doctrine of merger, and was again denied.
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