Unity Of Possession

This term is used to designate the possession by one person of several estates or rights. For example, a right to an estate to which an easement is attached, or the dominant estate, and to an estate which an easement incumbers, or the servient estate may become the property of one person, in which case the easement is extinguished. 3 Mason (U. S.) 172; Poph. 166; Latch, 153. And see Cro. Jac. 121. But a distinction has been made between a thing that has being by prescription, and one that has its being ex jure tmturae. In the former case, unity of possession will extinguish the easement; in the latter, — ^for example, the case of a watercourse,— ^the unity will not extinguish it. Poth. Contr. 166. By the Civil Code of Louisiana (article 801), every servitude is extinguished when the estate to which it is due and the estate owing it are united in the same hands. But it is necessary that the whole of the two estates should belong to the same proprietor; for if the owner of one estate only acquires the other in part or in common with another person, confusion does not take effect. See "Merger."

This term is used to designate the possession by one person of several estates or rights. For example, a right to an estate to which an easement is attached, or the dominant estate, and to an estate which an easement incumbers, or the servient estate, in such case the easement is extinguished; see Cro. Jac. 121. But a distinction has been made between a thing that has its being by prescription, and one that has its being ex jure naturcc: in the former case unity of possession will extinguish the easement; in the latter, for example, the case of a watercourse, the unity will not extinguish it; Pothier, Contr. 166.

Joint possession of two rights by several titles, as where a lessee of land acquires the title in fee-simple, which extinguishes the lease. The term also describes one of the essential properties of a joint estate, each of the tenants having the entire possession as well of every parcel as of the whole. 2 Bl. Comm. 182.

Defined under Possession in Black's Law Dictionary.

This term is used to designate the possession by one person of several estates or rights. For example, a right to an estate to which an easement is attached, or the dominant estate, and estate which an easement encumbers, or the servient estate, in wguch case the easement is extinguished, 3 Mass. R. 172; Poph. 166; Latch, 153; and vide Cro. Jac. 121. By the civil code of Louisiana, art. 801, every servitude is extinguished, when the estate to which it is due, and the estate owing it, are united in the same hands. But it is necessary that the whole of the two estates should belong to the same proprietor; for if the owner of one estate only acquires the other in part or in common with another person, confusion does not take effect. Vide Merger.