Merger doctrine (property law)
Encyclopedia
In the law of real property
, the merger doctrine stands for the proposition that the contract
for the conveyance of property merges into the deed
of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer of the property.
The merger doctrine traditionally applies only to covenants of title. The parties may by contract abrogate the doctrine and provide that some or all terms of the contract survive the closing and delivery of the deed.
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
, the merger doctrine stands for the proposition that the contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
for the conveyance of property merges into the deed
Deed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer of the property.
The merger doctrine traditionally applies only to covenants of title. The parties may by contract abrogate the doctrine and provide that some or all terms of the contract survive the closing and delivery of the deed.
See also
- Merger doctrine (civil procedure)Merger doctrine (civil procedure)The merger doctrine in civil procedure stands for the proposition that when litigants agree to a settlement, and then seek to have their settlement incorporated into a court order, the court order actually extinguishes the settlement and replaces it with the authority of the court to supervise the...
- Merger doctrine (family law)Merger doctrine (family law)Historically, the merger doctrine was the notion that marriage caused a woman's legal identity to merge with that of her husband....
- Merger doctrine (trust law)Merger doctrine (trust law)In the law of trusts the term "doctrine of merger" refers to the fusing of legal and equitable title in the event the same person becomes both the sole trustee and the sole beneficiary of a trust...