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Herren v. Pettengill

Owner of servient estate could not relocate an easement without the consent of the owner of the dominant estate.

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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 conveyed five acres, including the house, to Pettengill. The deed incorporated a plat that specifically identified the five acres, a 40 foot road and utility easement traversing the five acres, and an extension of that 40 foot easement, which is identified as Richard Road, running northerly from the five acres. Although the plat does not depict the entire course of that easement and road, the identified portion of the easement is followed by an arrow and the words “to Crawley Gap Road,” which is a Union County public road. The deed makes no express reference to an easement over Herren’s remaining land, reciting only that the five acres is “subject to roadway easement shown on the plat.”

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