Land Use: The Merger Doctrine

Suppose you own a parcel of real estate and you learn that additional land is available for sale next door. You purchase the ground thinking that maybe some day you will put in a pool or build an addition onto your house; later you decide to build a new house on the ground and sell it off at a profit. Not so fast. You may now need subdivision approval to do so.

The doctrine of merger provides essentially that adjacent parcels which come under common ownership can be deemed “merged” into a single lot unless there is a manifest intent on the part of the owner to keep the lots separate. Some zoning ordinances contain provisions to this effect.

The doctrine of merger is controversial, and the cases handed down by our courts are anything but consistent. The best way to insure against two adjoining lots being deemed merged by operation of law is to include a recital in the deed to the new property indicating that the grantee (the new owner) does not intend for a merger to occur and that it is intended that the adjoining lots remain in single and separate ownership.

— Kevin Palmer