MBE Rules · Real Property
Easement Relocation
Easement relocation
The rule
Traditionally an express easement's location cannot be changed unilaterally; the Restatement (Third) lets the servient owner relocate at its expense if utility to the dominant estate is preserved.
In plain English
An easement is a right to use someone else's land for a specific purpose. Traditionally, once an easement is established, its location can't be changed without agreement from both parties; however, under the Restatement (Third), the owner of the land burdened by the easement can relocate it at their own cost, as long as the new location still serves the original purpose for the dominant estate.
Worked example
A property owner has an easement allowing access to a lake on a neighboring property. The neighbor wants to relocate the easement to a different part of their land to build a fence, but they do so at their own expense and ensure that the new path still provides access to the lake. The relocation is valid as it preserves the utility of the easement for the dominant estate.
Memory hook
Easements can move, but only if the servient owner pays and the purpose stays!
The trap
Students may confuse the ability to relocate an easement with the need for mutual consent, forgetting that the Restatement (Third) allows for unilateral relocation under specific conditions.
How examiners test it
Questions often present a scenario where a servient owner wishes to relocate an easement and test whether the relocation meets the criteria of preserving utility for the dominant estate.
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