For Your Data M.P.M. Builders, Llc V. Dwyer Representative Brief
September 01, 2019
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M.P.M. Builders, LLC v. Dwyer case brief summary
809 N.E.2d 1053 (2004)
CASE FACTS
The dominant owner's right-of-way, which provided access to a world way, had 3 branches, which were based on quondam cartways. Before the servient possessor had subdivided its belongings for development, the servient possessor had sought to consolidate the right-of-way in addition to better it. The dominant possessor rejected the proposal.
DISCUSSION
The courtroom vacated the judgment in addition to remanded for farther proceedings, inward which the trial courtroom was to gain upwards one's heed whether the servient possessor had met sure enough atmospheric condition (see above) announced inward the holding.
See also: M.P.M. Builders, LLC v. Dwyer total illustration text on Google Scholar.
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809 N.E.2d 1053 (2004)
CASE SYNOPSIS
The courtroom granted straight review to an appeal past times plaintiff servient possessor from an fellowship of the Land Court Department of Suffolk (Massachusetts). Summary judgment was entered inward favor of accused dominant possessor of an easement interest. The courtroom dismissed the servient owner's activeness seeking a proclamation that it could relocate a right-of-way.CASE FACTS
The dominant owner's right-of-way, which provided access to a world way, had 3 branches, which were based on quondam cartways. Before the servient possessor had subdivided its belongings for development, the servient possessor had sought to consolidate the right-of-way in addition to better it. The dominant possessor rejected the proposal.
DISCUSSION
- The upper courtroom held that the trial courtroom correctly applied Massachusetts illustration police pull inward denying relief to the servient owner, merely the courtroom went on to adopt a dominion that was outset to gain credence later its joint inward the Restatement.
- The novel dominion allowed the possessor of a servient estate to relocate a right-of-way, if at that spot was no reverse provision inward the musical instrument which created the easement, in addition to thus long equally the easement's utility was non lessened, the easement possessor was non burdened inward its utilisation in addition to enjoyment, in addition to the easement's role was non frustrated.
- Therefore, the drive would stimulate got to last remanded for findings on the higher upwards issues.
The courtroom vacated the judgment in addition to remanded for farther proceedings, inward which the trial courtroom was to gain upwards one's heed whether the servient possessor had met sure enough atmospheric condition (see above) announced inward the holding.
See also: M.P.M. Builders, LLC v. Dwyer total illustration text on Google Scholar.
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