Zanelli

Gaetano Zanelli (Zanelli), the owner of property commonly known as 66 Clarendon Avenue, appeals from a judgment quieting title to an adjacent property owned by Thomas McGrath (McGrath) commonly known as 60 Clarendon Avenue. After a court trial, the court found that Zanelli has no enforceable view easement burdening McGrath’s property, either because the easement was extinguished by merger, or was released to McGrath when Richard Sommer (Sommer), Zanelli’s predecessor in interest, who then owned both 66 and 60 Clarendon, conveyed to McGrath all his interest in 60 Clarendon without reserving the easement.

We affirm the judgment on the ground that the easement was extinguished by merger, and therefore will not reach the merits of the court’s alternative holding that the easement was conveyed to McGrath when Sommer failed to reserve it in the deed.

Facts

In April of 2002, McGrath entered into a vacant land purchase agreement to purchase 60 Clarendon Avenue from Sommer and Jeffrey Dunham (Dunham). McGrath is a contractor, and he intends to build a residence on the property. For several years, Sommer and Dunham also owned the adjacent property at 66 Clarendon, but in July of…