Frenning v. Dow
Rhode Island Supreme Court
544 A.2d 145 (1988)
An easement across what is now Clarence Dow's (defendant) property was originally granted to service 102 acres now owned by Blanche Frenning (plaintiff). Frenning later acquired an additional 150 contiguous acres and used the same easement to service all 257 acres combined. Dow objected, and the trial court found this expanded use was a material increase not permitted by the original easement, that the increased burden couldn't practically be severed from the original permitted use because there was no way to monitor Frenning's actual use, and terminated the easement entirely; Frenning appealed.
Whether increased use of an easement terminates the easement where it is possible to sever the increased burden while preserving the original easement's benefits and burdens.