Also known as: merger of vested estate · merger doctrine
Written by attorneys — see sources below.
A common law principle under which two consecutive estates in land held by the same person coalesce into one estate unless the owner intends to keep them separate.
Alice held a life estate in Blackacre while also acquiring the remainder in fee simple. Upon acquisition the two estates coalesced into full fee ownership because Alice manifested no intent to keep the interests separate.
Owen conveyed Blackacre to Nora for life, retaining a reversion. Nora later inherited Owen's reversion. The life estate and reversion merged into fee simple because Nora showed no contrary intent.
Merger occurs when one person acquires two consecutive estates in the same land. The estates then coalesce into a single estate unless the owner manifests an intent to keep them separate.
Supporting sources
The Restatement (Third) of Property rejects application of the merger doctrine to mortgages. Courts may reach equitable results without invoking merger.
Supporting sources
An easement is extinguished to the extent the unified owner can make the same uses by virtue of fee ownership. Partial acquisition that does not cover the full scope of the easement leaves the remainder intact.
Supporting sources
…issue; the parties did not brief the issue on appeal; and this court will therefore not consider the parties' intent regarding merger. See Melina v. Chaplin , 327 N.W.2d 19, 20 (Minn. 1982) (holding that issues not briefed on appeal are waived). : See Larmon v. Larmon , 173 Ky. 477, 191 S.W. 110, 112 (1917)…