Q: What does Rest. 3rd Property (Servitudes) § 4.8(3) say?
Rest. 3rd Property (Servitudes) § 4.8(3)
Unless expressly denied by the terms of an easement…, the owner of the servient estate is
entitled to make reasonable changes in the location or dimensions of an easement, at the
servient owner’s expense, to permit normal use or development of the servient estate, by
only if the changes do not
(a) significantly lessen the utility of the easement
(b) increase the burdens on the owner of the easement in its use and
enjoyment, or
(c) frustrate the purpose for which the easement was created
Majority position is still not allow any changes unless both parties agree to it
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