Conservation Easements and the Doctrine of Merger

Under the common law doctrine of merger, an easement will be extinguished when the easement holder becomes the fee title owner of the property subject to the easement. The applicability of the doctrine of merger to conservation easements, however, is a matter of state law and will vary by jurisdiction. These practical pointers are distilled from a variety of sources experienced with conservation easement and merger issues and are general considerations when faced with potential merger situations.