''M.P.M. Builders, LLC v. Dwyer'', 442 Mass. 87, 809 N.E.2d 1053 (2004), was a

case Case or CASE may refer to: Instances * Instantiation (disambiguation), a realization of a concept, theme, or design * Special case, an instance that differs in a certain way from others of the type Containers * Case (goods), a package of relate ...

decided by the

Massachusetts Supreme Judicial 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 fu ...

that first adopted the Restatement Third of Servitudes for the relocation of

easements An easement is a nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property rig ...

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 ruled against M.P.M. The Massachusetts Supreme Judicial 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 {{US-case-law-stub