Law School Discussion

Property Question (Easements)

Property Question (Easements)
« on: December 16, 2008, 02:10:26 PM »
O grants A a easement of way over Blackacre to reach adjacent land owned by A.  The easement location is fixed by mutual agreement. Subsequently, O proposes to change the location of the easement, at O's expense, in order to facilitate development of O's land. 

What result?

Re: Property Question (Easements)
« Reply #1 on: December 16, 2008, 02:53:40 PM »
Communism.

Non?

Re: Property Question (Easements)
« Reply #2 on: December 16, 2008, 06:32:18 PM »
I guess it depends on how neighborly A is.

Re: Property Question (Easements)
« Reply #3 on: December 18, 2008, 05:55:53 AM »
W/o any more facts, the easement is non-exclusive, so a change in location would require A's consent.