Simone v. Heidelberg

After the Accardos became common owners of both the dominant estate (157-159 Driggs) and servient estate (163-165 Driggs), extinguishing a pre-existing easement by merger, they subdivided and sold the servient parcel to the Webers (whose deed didn't mention the easement) before later selling the dominant parcel to the Corrados in a deed that did reference the easement; the servient parcel eventually passed to the plaintiffs and the dominant parcel to the defendants (whose deed also referenced the easement), and when the defendants tried to resume using the easement area for garage access after removing an obstructing tree and fence, the plaintiffs sued to declare the easement unenforceable.