Herren v. Pettengill

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the majority rule ‘ ‘provides certainty in land ownership”
• allowing unilateral relocation by servient estate-holder would be \opening the door for increased litigation over 'reasonableness' issues based on today's conditions rather than those considered in the original bargain\
• rejecting “the adoption of a rule allowing the owner of the servient estate to relocate the easement under limited circumstances when it places no undue hardship on the owner of the dominant estate.”
• if benefits of relocation become substantial enough, market should bring parties together, not courts
• “The majority rule in the United States is that an easement with a fixed location cannot be substantially changed or relocated without the express or- implied consent of the owners of both the servient estate and the dominant estate....”

Source: CourtListener parenthetical corpus (CC0).