HERREN v. PETTENGILL

No. S00A0798.

538 S.E.2d 735 (2000)

273 Ga. 122

HERREN v. PETTENGILL.

Supreme Court of Georgia.

November 13, 2000.


Attorney(s) appearing for the Case

Robert M. Dyer, Canton, for appellant.

Claude S. Beck, Blairsville, for appellee.


FLETCHER, Presiding Justice.

Richard Pettengill brought an action to enjoin Lane Herren from obstructing the roadway that provided the only access from Pettengill's property to a public road. Finding that Pettengill had an express easement over the existing roadway, which he had not abandoned, the trial court granted a permanent injunction. Because the owner of the servient estate cannot substantially alter or relocate an easement without the consent of the owner...

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