Owner of Subservient Estate May Change Location of Easement Without the Consent of the Easement Holder

On June 15, 2004, the Massachusetts Supreme Judicial Court, in the case of M.P.M. Builders, LLC v. Dwyer, ruled that the owner of a estate burdened by an easement may relocate the easement without the consent of the holder of the easement. In adopting criteria for such relocation, the Court provided protection for the holder of the easement and struck what the Court deemed an “appropriate balance” between the parties.