1. Home
  2. Browse Decisions
  3. Mass.
  4. 442 Mass.
  5. 442 Mass. 87 (2004)
 

M.P.M. BUILDERS, LLC v. DWYER

442 Mass. 87 (2004)

M.P.M. BUILDERS, LLC v. LESLIE DWYER.

Supreme Court of Massachusetts, Suffolk.

June 15, 2004.

Attorney(s) appearing for the Case

Robert S. Mangiaratti (Judith S. Yogman with him) for the plaintiff.

Edmund J. Brennan, Jr. (Michael J. Polak with him) for the defendant.

The following submitted briefs for amici curiae:

Edward M. Bloom for Real Estate Bar Association for Massachusetts & another.

William V. Hovey, pro se.

Thomas F. Reilly, Attorney General, & Joseph Callanan, Assistant Attorney General, for the Attorney General.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

COWIN, J.

We are asked to decide whether the owner of a servient estate may change the location of an easement without the consent of the easement holder.2 We conclude that, subject to certain limitations, described below, the servient estate owner may do so.

1. Facts. The essential facts are not in dispute. The defendant, Leslie Dwyer, owns a parcel of land in Raynham abutting...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases