Relocating Easements By Servient Owner

Under what circumstances can a servient owner relocate an easement? New York's Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.

5 minute read July 31, 2025 at 11:13 PM
By
Stewart E. Sterk
Relocating Easements By Servient Owner

Under what circumstances can a servient owner relocate an easement? The Second Department recently faced that question in Gopum Corp. v. Daley, 2025 WL 1450336, reaffirming the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.

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