Absolute Never Rule
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
20584_selah_orchard_leasehold_merger · REAL_PROPERTY · Choice ANo, because easements can never terminate by merger.
Why it's attractive
The word never overshoots because the item is asking whether this lease caused merger, not whether merger exists at all.
Why it's wrong
The word never overshoots because the item is asking whether this lease caused merger, not whether merger exists at all.
20584_selah_orchard_leasehold_merger · REAL_PROPERTY · Choice BYes, because a six-month lease is treated as fee simple ownership for merger purposes.
Why it's attractive
The answer changes the stem's six-month lease into fee simple ownership.
Why it's wrong
The answer changes the stem's six-month lease into fee simple ownership.
20584_selah_orchard_leasehold_merger · REAL_PROPERTY · Choice DYes, because any possession of the servient land by the dominant owner terminates the easement.
Why it's attractive
The answer treats possession as if it were the merger trigger even though the stem separates possession from fee title.
Why it's wrong
The answer treats possession as if it were the merger trigger even though the stem separates possession from fee title.
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