Heydon v. MediaOne
Michigan Court of Appeals
739 N.W.2d 373 (2007)
Relevant factsFree
Detroit Edison held a prescriptive easement in gross over the Heydons' (plaintiffs) land to install utility poles and electrical wires, and Edison later contracted with MediaOne (defendant) to let MediaOne attach cable television wires to those same poles. The Heydons sued MediaOne for trespass, arguing Edison had no right to apportion its easement to a new user; the trial court dismissed the complaint, and the Heydons appealed.
IssueFree
Whether a commercial, exclusive, prescriptive easement in gross can be apportioned to another user without unreasonably increasing the burden on the servient estate.