Realty Law Digest
In his Realty Law column, Scott Mollen discusses 'Marlow v. Greene,' 'Andre v. Invenergy LLC,' and 'MH Rental LLC v. Zani.'
August 02, 2022 at 01:22 PM
18 minute read
Easements—Plaintiff Cannot Unilaterally Relocate a Road Because Original Grantors Intended To Permanently Fix the Easement's Location—Defendants and Third Parties Allegedly Operated Vehicles On the Road While Consuming Alcoholic Beverages and In a State of Intoxication—With Respect to an 'Undefined Right of Ingress and Egress,' a 'Servient Landowner May, Under Certain Circumstances, Unilaterally Relocate an Undefined Right Of Way'
The plaintiff owned real property located on a road. The defendants own "surrounding properties." The plaintiff lives at his property on a "full-time basis." The defendants only use their properties "seasonally." All parties access their properties using the road which had been "established in a subdivision map filed by…the parties' grantors in common."
There is no homeowner's association or any agreement with respect to the maintenance and repair of the road. Only one defendant's deed "references a right-of-way" over the road, "but it appears undisputed that all parties had the right to use it." The plaintiff alleged that his property is bisected by the road, "which runs in close proximity to his home…."
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