Martin v. Simmons Properties, LLC

In this case involving registered land, we consider, among other things, the effect of a reduction by the owner of the servient estate in the dimensions of an easement created for the purpose of permitting the easement holder access to a lot that *3otherwise has no direct access from a public way. We must determine whether the dimensions of such an easement, defined by reference to a Land Court plan, may be modified by the servi-ent land holder so long as the purposes for which the easement was created are not frustrated, and the utility of the easement is not lessened.1 We conclude that there…