What is the test for merger in real estate law?
Prince Edward Island, Canada
The following excerpt is from Cumberland Trust v. Maritime Electric, 2000 PESCTD 1 (CanLII):
In Fraser-Reid v. Drountsekas, 1979 CanLII 55 (SCC), [1980] 1 S.C.R. 720 Dickson J. also describes the limits of merger in the following words at p. 734: Turning then to the question of merger, in real estate law merger occurs when two estates coalesce through a vesting in the same person at the same time in the same right. For example, when a tenant for years acquires the reversion in fee simple the term of years is merged or, more colourfully phrased, it is ‘annihilated’ or ‘drowned’.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is Meditrust permitted to continue to pursue a consolidated merger of two of its subsidiaries? (Prince Edward Island, Canada)
How have the courts in the US considered the meaning of the word "legacy" in the context of a statute of limitation? (Prince Edward Island, Canada)
What is the effect of an order striking out a statement of claim? (Prince Edward Island, Canada)
In what circumstances will the Court in B.C. consider a third party order? (Prince Edward Island, Canada)
What is the test for having an expert in the interpretation of the law at a tribunal? (Prince Edward Island, Canada)
What is the common law characteristic of an office holder at pleasure that he has no right to a hearing? (Prince Edward Island, Canada)
Is the Simplified Procedure Rule reserved for simple debt cases and the like? (Prince Edward Island, Canada)
What is the test for a stay of custody and access order? (Prince Edward Island, Canada)
What is the summary judgment case law in summary judgment cases? (Prince Edward Island, Canada)
Can lay litigants be compensated for their time spent working on a case? (Prince Edward Island, Canada)
