Extract to table

Ridgemark's complaint seeks a judicial declaration that (a) the Cross-Parcel Easement was not extinguished by the 2014 Replat or otherwise, (b) the easement runs with the land and appurtenantly benefits the southern parcel, and (c) Fairwater must permit Ridgemark and its tenants, invitees, and contractors to use the 60-foot easement corridor for ingress, egress, and utility purposes

Any judicial determination that the Cross-Parcel Easement survives and Fairwater must permit Ridgemark's use of the 60-foot corridor could create direct operational conflicts with Condor's lease rights

The requirements for merger are: (1) unity of ownership — the same person or entity must hold fee-simple title (or equivalent interests sufficient to effectuate merger) to both the dominant estate and the servient estate; and (2) the unity must be complete — the common owner must hold the entirety of both the dominant and servient interests, not merely a partial interest in one or both parcels

Under Florida law, merger requires unity of ownership — the same legal person or entity must hold both estates

Assessment of Merger Defense The merger defense is strong on the available facts, subject to the critical caveat that the common-ownership predicate must be confirmed through a comprehensive title search