Can you move an easement

Now the property owner has an ability to relocate an easement on their property. In the case of M. Builders, LLC v. Dwyer , Mass. The owner of property subject to an easement can relocate the location of the easement without the consent of the easement holder, subject to certain conditions.

The law Massachusetts is the minority position. The majority of states require mutual consent to change the location of an easement. If you are getting the benefit of a new easement in Massachusetts, you should make sure that the easement may only be relocated with mutual consent of the parties. Next, Joe pours concrete to expand his existing driveway so that it turns into the new garage on the adversely possessed property. Now he's created an easement, even without the land owner's consent.

But as it turns out, he decides not to use his new garage. He discovers that he hates walking across all that land after parking just to get to his front door. Should the holder of a prescriptive easement cease to use it, this is a form of abandonment. In the case of an easement created for a party wall — a wall on the property line that serves both properties — the destruction of the party wall would effectively terminate the easement. Likewise, if an easement were created for the utility company to run power lines to the street from its new location, and if those power lines were torn down and abandoned for some reason, never to be used again, the easement becomes void.

Its purpose has been destroyed. Sometimes adjacent properties have an easement between them, allowing one or both parties access to the other. One is the servient property, and the property that benefits from the easement is the dominant property. In this case, you have an appurtenant easement. If one owner acquired both properties and combined them into one legal description, the easement would no longer be necessary.

The two properties have merged. This might occur because the owner of the servient property decides to sell and the owner of the dominant property jumps on the opportunity to expand her homestead by purchasing the property herself. If an easement exists and the new owners of both properties find that it's no longer of interest or use to the dominant property owner, the easement can be terminated by the dominant property owner signing a release document to the servient property owner.

This release document can either release the servient property owner from the easement or release the easement property to the servient property owner, thus releasing the easement property from being an easement.

Actively scan device characteristics for identification. Use precise geolocation data. Select personalised content. Create a personalised content profile. Measure ad performance. In January , the trial court entered final judgment in favor of DeSpirito and the appellants RCSP and the Plan Commission then filed a supplemental appendix with the Indiana Supreme Court, so stay tuned for updates in this case.

DeSpirito , 78 N. Town of Ellettsville v. Despirito , 87 N. Featured Projects.