“Merger doctrine (property law)”的意思、由来-开放百科全书

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Merger doctrine (property law)

释义

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In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer of the property.

The merger doctrine traditionally applies only to covenants of title; covenants relating to the physical condition of the property (say, a promise that the furnace is in good working order) will not merge, and will not extinguish. The parties may by contract abrogate the doctrine and provide that some or all terms of the contract survive the closing and delivery of the deed.{{citation needed|date = January 2015}}

Merger also refers to the doctrine whereby "a fee simple estate, once fragmented into present and future interests, can thereafter be reconstituted. 'Merger is the absorption of a lesser estate by a greater estate, and takes place when two distinct estates of greater and lesser rank meet in the same person or class of persons at the same time without any intermediate estate.'

"^[1] Similarly, a merger doctrine extinguishes an easement by necessity to a landlocked piece of property once that property is sold to one of the adjoining owners, thus extinguishing the necessity. The lack of any property interest removes the necessity and the easement.

References

1. ^{{cite book|last1=Chase|first1=Edward, & Julia Forrester|title=Property Law|date=2010|publisher=LexisNexis|isbn=978-08205-7094-5|pages=262–63|edition=2d}}

Beware the Merger Doctrine -- Rights in a Real Estate Contract can be Lost under the Doctrine of Merger

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