''M.P.M. Builders, LLC v. Dwyer'', 442 Mass. 87, 809
N.E.2d 1053 (2004), was a
case decided by the
Massachusetts Supreme Court
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functi ...
that first adopted the
Restatement Third of Servitudes for the relocation of
easements in that state.
Factual background
Dwyer owned a dominant estate that had an easement across a parcel owned by M.P.M. Builders that connected to a public road at several points. M.P.M. wanted to develop the lots, but the easement ran through the planned development. M.P.M. proposed to relocate the easement and create new connections to the public road. Dwyer declined, and M.P.M. sought a declaratory judgment that they were allowed to unilaterally relocate the easement.
Decision
The lower
Land Court
Land court or land claims court is a type of court which is charged with dealings over cases involving land titles and for disputes between landlords and tenants relating to agricultural tenancies. The exact field of jurisdiction varies by country ...
ruled against M.P.M. The Massachusetts Supreme Court ruled that the Land Court correctly applied existing law, but that the standard for unilateral relocation of an easement by the owner of a servient estate in the Restatement Third of Servitudes was better suited to modern times. The Restatement allowed for unilateral relocation of the easement if it did not lessen the utility of the easement, increase the burdens on the owner of the easement, or frustrate the purpose of the easement. The court noted that this may often call for a hearing to determine what would constitute a reasonable relocation.
[Casner, A.J. et al. ''Cases and Text on Property, Fifth Edition.'' Aspen Publishers, New York, NY: 2004, p. 929]
References
External links
*
Case Brief on LawSchoolCaseBriefs.net
Real property law
2004 in United States case law
Massachusetts state case law
2004 in Massachusetts
United States property case law
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