Herren v. Pettengill

Fletcher, Presiding Justice.

Richard Pettengill brought an action to enjoin Lane Herren from obstructing the roadway that provided the only access from Pettengill’s property to a public road. Finding that Pettengill had an express easement over the existing roadway, which he had not abandoned, the trial court granted a permanent injunction. Because the owner of the servient estate cannot substantially alter or relocate an easement without the consent of the owner of the dominant estate, we affirm.

Herren owned a 71 acre tract of land in Union County on which a house was located. In 1998 she…