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Home / Opinion Digests / Real Estate – Conservation Easement – Merger Doctrine (access required)

Real Estate – Conservation Easement – Merger Doctrine (access required)

A Fauquier County Circuit Court overrules a plea in bar asserting that the grantor of a conservation easement had the legal inability under the doctrine of merger to create this easement, as Virginia law on easements in gross has changed and such easements are not subject to the typical common law analysis of merger. This ...

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