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HERITAGE COMMUNITIES, ETC. v. POWERS, INC.

No. 8015SC310.

272 S.E.2d 399 (1980)

HERITAGE COMMUNITIES OF NORTH CAROLINA, INC. v. POWERS, INC. and Jon S. Harder.

Court of Appeals of North Carolina.

December 2, 1980.

Attorney(s) appearing for the Case

Graham & Cheshire by Lucius M. Cheshire and D. Michael Parker, Hillsborough, for plaintiff-appellant.

Powe, Porter & Alphin by N. A. Ciompi, Durham, for defendants-appellees.

WELLS, Judge.

The first question to be determined in this appeal is whether the easement granted by Valley Forge to Brandywine was destroyed through operation of the doctrine of merger when the dominant estate (first tract) was reconveyed to Valley Forge, as contended by the defendants.

Merger occurs

when the owner of one of the estates, dominant or servient, acquires the other, because an owner of land cannot have an easement in his own estate in...

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