Legal Question in Real Estate Law in Virginia
Granting a easement under extinguished easements
We purchased the north track of land, with a easement across the servient track, then purchased the servient track, according to law, this merger extinguished prior easements. The adjancant landower, sued us for a prescriptive easement, and the Judge granted them a easement,by adversity under the two prior extinguished easements,according what I have read, any merger extinguished all prior easments completely, and if the need arises, then one has to be created,so therefore, did the Judge rule wrong, due to the extinguished easements on our land.Thank you
1 Answer from Attorneys
Re: Granting a easement under extinguished easements
It sounds like the judge was correct. If I am not mistaken you have three parcels in a row, parcel A connected to the road, parcel B next to it, and parcel C beyond that. You first bought B, with an express easement for your benefit across A. You then bought A. Unless there were intervening liens or encummbrances, this merged the easement over A for the benefit of B out of existence. Meanwhile, C has either been using the path across B and A (or just across A) for at least 20 years (easement by prescription, akin to adverse possession), or C is landlocked without access to the path/road across A (and B?), and was formerly part of the same parcel (easement by necessity). In either case, C has an easement. The judge would be wrong if C has not been using the path/road for 20 years, or if parcel C had never been part of the same parcel as A. Your acquisition of A to merge your easement does nothing to merge anyone else's easement.
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