In West Goshen Township v. Crater, 114 Pa. Commw. 245, 538 A.2d 952 (Pa. Cmwlth. 1988), the landowner failed to rebut the presumption of merger. In West Goshen, the landowner purchased property described in an approved subdivision plan as Lots 26, 27, and 28. Just prior to purchasing the property, the landowner contacted the township administrator to inquire whether Lot 28 could be sold and developed separately as a residential property. The township advised the landowner Lot 28 could be developed separately because it was a separate lot in an approved subdivision plan. Shortly after the landowner purchased the three lots, the township enacted a zoning ordinance that rendered Lot 28 too small to build upon. Almost twenty years later, the landowner inquired of the township whether it would issue a residential building permit for Lot 28 if the landowner were to convey it to another party. The township responded that it would deny a building permit because Lot 28 was too small. The landowner appealed. Because Lot 28 had been under common ownership with Lots 26 and 27 when the zoning ordinance was passed, the landowner had the burden of rebutting the presumption that the lots had merged. Id. In determining whether the landowner had proved an intent to keep the three lots separate and distinct, this Court explained: Since we may look to the use of a property to determine whether it is in single and separate ownership, it also follows that the fact that lots are shown separately on plans or are described separately in deeds is not per se, determinative of the issue. Id. at 955 n.2.