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Legal Definitions - unity of seisin
Definition of unity of seisin
Unity of Seisin is a legal principle that describes what happens to an easement when the same person or entity comes to own both the property that benefits from the easement and the property that is burdened by it. An easement is a legal right to use another person's land for a specific purpose (e.g., a driveway, a utility line). When the ownership of both parcels merges into one person, the easement is extinguished because you cannot legally have an easement over your own land. The right to use "another's" property becomes unnecessary when you own both properties outright.
Here are a few examples to illustrate this concept:
Scenario: Driveway Access
Imagine a property owner, Sarah, whose house (Property A) relies on a shared driveway that crosses a portion of her neighbor's land (Property B) to reach the main road. Sarah has an easement granting her the right to use this driveway over Property B. If Sarah later purchases Property B from her neighbor, she now owns both Property A and Property B. At this point, the easement for the driveway is extinguished due to unity of seisin. Since Sarah owns both parcels, she no longer needs a legal right to use "another's" land for her driveway; she simply uses her own land.
Scenario: Utility Line Easement
Consider a commercial building (Property X) that has an underground water pipe running across an adjacent undeveloped lot (Property Y) to connect to the municipal water supply. The owner of Property X holds an easement allowing this utility line to cross Property Y. If the owner of Property X decides to expand their business and buys Property Y, they now own both the building and the undeveloped lot. The original utility easement over Property Y would be extinguished. The owner no longer needs an easement to maintain a water line on land they now fully own.
Scenario: Pedestrian Pathway
A historic inn (Property C) has an easement allowing its guests to use a scenic pedestrian pathway that cuts across a small, privately owned garden (Property D) to access a nearby lake. The owner of Property C has this right-of-way easement over Property D. If the owner of the inn later acquires Property D, perhaps to expand their grounds or preserve the view, the easement for the pedestrian pathway would be extinguished. The inn owner now controls both properties and can allow access without needing a specific legal right to cross "another's" land.
Simple Definition
Unity of seisin occurs when the same individual acquires full ownership (seisin) of a property over which they already possess an easement. When the ownership of both the land and the easement merge in one person, the easement is extinguished because one cannot hold an easement against their own property.