Can the servient owner change the location of an easement?
Courts are divided. Some of the factors that may be considered, among others, include whether the original parties intended to create a right of way that could not be changed by the owner of the burdened property and whether (2) “affording the landowner this unilateral, but limited, authority to alter a right of way strikes a balance between the landowner’s right to use and enjoy the property and the easement holder’s right of ingress and egress”. The general rule is that the servient tenement owner cannot change the location of the easement. The Restatement view would allow the servient tenement owner to change location because might lead to better overall use of land and net benefit.
