Wt Properties, Llc v. Leganieds, Llc

¶1 Where the dominant and servient estates of an easement vest in the same person, the merger doctrine generally extinguishes the easement. 1 But merger does not apply where the rights of innocent third persons would be prejudiced. 2

¶2 Here, the predecessors in interest to WT Properties LLC reserved an easement for ingress, egress, and utilities in certain property that the parties to this litigation refer to as the “Access Strip.” Thereafter, these same predecessors in interest granted a deed of trust to Viking Bank in the Access Strip and adjacent property. Later, these same predecessors in…