M.P.M. Builders, LLC v. Dwyer

M.P.M. Builders (plaintiff) owned land adjacent to Dwyer's (defendant) property, and Dwyer held a right of way through M.P.M.'s land under a deed silent on relocation; after M.P.M. received approval to subdivide its parcel into seven house lots, it discovered Dwyer's right of way cut across three of the planned lots, preventing construction there, and M.P.M. offered to build, at its own expense, replacement easements to preserve Dwyer's access. Dwyer refused and insisted on keeping the original right of way unaltered, and the trial court granted Dwyer summary judgment.