Lewis v. Young
New York Court of Appeals
705 N.E.2d 649 (N.Y. 1998)
When Herman and Jeanette Brown divided their land in 1956, they conveyed one piece to the Jaffes along with an easement for perpetual use of the Browns' main driveway, without describing its exact location or mentioning any right to relocate it. Neda Young (defendant) and her husband later bought the Browns' retained parcel and, while building a new home, pool, and tennis court, relocated the driveway, which had originally run under the planned tennis court, onto a route running almost the same course as before. Roger Lewis (plaintiff), who succeeded to the Jaffes' property, demanded the Youngs finish improvements on the relocated driveway, and when disputes over the timing and Mr. Young's death delayed the work, Lewis sued for an injunction ordering the driveway restored to its exact original location. The trial court granted Lewis partial summary judgment on that theory, and the intermediate appellate court affirmed; Young appealed.
Whether the owner of property subject to a right of way may relocate the right of way to benefit her property, if the deed granting it does not prohibit relocation and the relocation causes the easement holder no cost or burden.