M.P.M Builders, LLC v. Dwyer Case Brief Summary | Law Case Explained
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M.P.M Builders, LLC v. Dwyer | 809 N.E.2d 1053 (2004)
An easement is a nonpossessory interest in land that gives the easement holder the right to pass through or otherwise access land belonging to another person, known as the servient landowner. The court considered whether a servient landowner had the right to unilaterally relocate an easement in the two thousand four case M P M Builders versus Dwyer.
In nineteen forty-one, Leslie Dwyer purchased a parcel of land in Raynham, Massachusetts, next to another parcel owned by M P M Builders. The deed to Dwyer’s parcel also conveyed him a right-of-way easement across M P M’s land that provided him access to his property at three separate points. The deed described the easement’s location but said nothing about its possible relocation. In July of two thousand two, M P M received municipal approval to subdivide and develop its property into seven house lots. Because Dwyer’s easement cut across and interfered with construction on three of the planned lots, M P M offered to construct two new access easements to Dwyer’s property at its own expense. Dwyer said no thanks, preferring to keep his right-of-way in the same place it’d been for the past sixty years.
M P M sought a declaration that it had the right to unilaterally relocate Dwyer’s easement. The trial court entered summary judgment against M P M and dismissed the case. M P M appealed directly to the Massachusetts Supreme Judicial Court.
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