Property II

Relocation

A servient owner cannot unilaterally relocate an easement if the instrument creating the easement expressly requires the easement holder to consent to the relocation.

There are are two approaches to the relocating easements:

1. Traditional Rule

   Under the traditional rule, the servient owner cannot relocate the easement without the easement holder's consent if the easement had a defined location.

2. Restatement

   Under the Restatement of Servitudes, the servient owner can relocate the easement without the easement holder's consent as long as the relocation meets the standard in Restatement § 4.8(3).