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’.
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