AKG REAL ESTATE, LLC v. Kosterman

¶ 1. This case presents the question whether an express easement may be relocated or terminated without the consent of the dominant estate. In a published decision,1 the court of appeals held that a servient estate could unilaterally terminate an express right-of-way easement once the servient estate provided an alternate route of ingress and egress to the dominant estate. We reverse the court of appeals because we conclude that the owner of a servient estate cannot unilaterally relocate or terminate an express easement.

HH

¶ 2. We begin this case about easements by reviewing several key terms.…