Steve, you need local legal advice from a land-use atty, or at least an atty experienced in Alabama easement law... You don't give enough info re' the original creation of the esmt or what lands it was created to benefit... In some jurisdictions (most? all?) if tract A has an esmt for access over tract B, and the esmt is only for the benefit of A, and the ownership of tracts A and B merge into one owner, the esmt MAY BE EXTINGUISHED, and if not re-created correctly when the merged tract is again split into A and B, the esmt may not be valid...(if originally for the benefit of A and other lands, it may be extinguished as to A but remain in force as the the other lands)... Esmts are an extremely complex, complicated and messy segment of real property law, and even when esmt law is uniform between different states, each states interpretations and applications may differ...and that's before getting into any wetland questions...
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