Glenn v. Poole
Massachusetts Appeals Court
423 N.E.2d 1030 (1981)
The Poole family (defendants) used a gravel road across Glenn's (plaintiff) land to access their own property since the early 1900s, initially hauling wood by horse-drawn wagon, then switching to trucks in 1920, later hauling gravel from their own gravel pit, and eventually using the road for their construction and snow-plowing businesses' equipment, while maintaining and improving the road themselves over the decades. After receiving a 1972 zoning variance to operate a garage and repair shop, the Pooles' use of the road increased substantially; Glenn sued to eliminate the road or have the Pooles' use declared an overload of the easement, and the Land Court found the increased use, though significant, remained moderate and consistent with the general pattern of the prior adverse use.
Whether a prescriptive easement holder's shift from animal-drawn transportation to motor vehicles, along with a later substantial increase in the intensity of use for an expanded business, overburdens the easement.