Davis v. Bruk
Supreme Judicial Court of Maine
411 A.2d 660 (1980)
Relevant factsFree
The Davises (plaintiffs) held a right-of-way easement across Bruk's (defendant) property, unchanged in location since 1896, with nothing in the original grant authorizing relocation; the Davises sought to pave the easement to stop water erosion, while Bruk sought to relocate it slightly (at her own expense, with comparable convenience) because it ran too close to her house. The trial court denied the Davises' paving request but granted Bruk's relocation request, and the Davises appealed.
IssueFree
Whether the owner of a servient estate over which a right of way runs can relocate it without the consent of the owner of the dominant estate.