M.P.M. Builders, LLC v. Dwyer

We are asked to decide whether the owner of a servient estate may change the location of an easement without the *88consent of the easement holder.2 We conclude that, subject to certain limitations, described below, the servient estate owner may do so.

1. Facts. The essential facts are not in dispute. The defendant, Leslie Dwyer, owns a parcel of land in Raynham abutting property owned by the plaintiff, M.RM. Builders, L.L.C. (M.P.M.). Dwyer purchased his parcel in 1941, and, in the deed, he was also conveyed an easement, a “right of way along the cartway to Pine Street,” across M.P.M.’s land.…