...holder of an easement is entitled to use the easement "in a manner that is reasonably necessary for the convenient enjoyment of the servitude . . . [including] normal development of the dominant estate." Restatement (Third...

...previously have concluded that the dominant estate owner, that is, the easement holder, may not unilaterally relocate an easement. See Kesseler v. Bowditch, 223 Mass. 265, 269-270 (1916); Jennison v. Walker, 11 Gray 423, 426 (1858). According to the Restatement, many...limitations as a "fair tradeoff for the vulnerability of the servient estate to increased use of the easement to accommodate changes in technology and development of the dominant estate." Restatement (Third...court adopted Restatement (Third) of Property (Servitudes) § 4.8(3) (2000) and concluded that the owner of a servient estate may, at the owner's expense, change the location of an easement without the...

...easement to benefit property other than the dominant estate. See Riddell, 929 P.2d at 32; Restatement (Third) of Property 4.11; 7 Thompson...development of the dominant estate." Restatement (Third) of Property 4.11 cmt. b. With the foregoing principles of the law of servitudes in mind, we now turn to the certiorari issues and.... Furthermore, the easement holder may not use the easement to benefit property other than the dominant estate. The Restatement (Third...

...negative easements. Negative easements are especially viewed as vehicles to assure the owner of the dominant estate that the owner of the servient estate will not interfere with the flow of air or light to, or the subjacent or lateral support of the dominant estate. Restatement of...524 of the Restatement of Property as an exception to the Statute of Frauds and, if so, whether the facts of this case fit within the exception. However, because we find that this Commonwealth's...that the Restatement of Property § 524 provided an applicable exception to the Statute of Frauds defense. The trial court denied Consolidated's...

...principle that easement may become legally attached to dominant estate "only if the same person has unity of title to both the way and the dominant estate"), or, at least, to limit Carbone to its facts. The Science Center, to the contrary, maintains not only that Carbone was decided properly, but also that it reflects the present day understanding of the law of easements and servitudes contained in the Restatement (Third...the beneficiary's use of the servient estate may change over time to take advantage of developments in technology and to accommodate normal development of the dominant estate or enterprise benefited by the servitude. . . ." Section 4.11 cautions that "[t]he beneficiary of an appurtenant easement or profit is not entitled to use the servient estate for the benefit of property other than the dominant estate." Restatement (Third...beneficiary's use of the servient estate may change over time to take advantage of developments in technology and to accommodate normal development of the dominant estate or enterprise benefited by the servitude. The rules stated in this section are subject to the proviso that the servitude beneficiary is not entitled to cause unreasonable damage to the servient estate or interfere unreasonably with its enjoyment." Restatement (Third...

...timber or the dominant estate. Weyerhaeuser did not attempt to transfer the right of way to a third party for a use not connected with the dominant estate. Restatement of the Law of Property, section...real property owned by Weyerhaeuser (the dominant estate). Respondents contend that Weyerhaeuser could not transfer the right of way to appellants since this is an attempt to sever an appurtenant..."a general right of way capable of use with the dominant tenement for all reasonable purposes...

...generally created for purpose of benefiting owner of dominant estate). Johnson relies upon the Restatement (Third) of Property, which states: "Unless the terms of the...servitude determined under § 4.1 provide otherwise, an appurtenant easement . . . may not be used for the benefit of property other than the dominant estate." Restatement (Third) of Property.... Easements—Operation and Effect—Extent of Use Because nothing in deed's language indicated an intention to prevent non-dominant, third-party tenements from benefiting from the...

...increased use of the easement to accommodate changes in technology and development of the dominant estate. RESTATEMENT (THIRD) OF PROPERTY (SERVITUDES) § 4.8...the right to relocate the easement if he is to have it at all. Under the Restatement (Third) approach, relocation may be forced upon the holder of the dominant estate against his will. To use the example suggested by this case, under Restatement (Third...Restatement (Third) approach, and adhere to the traditional rule that easements may not be relocated absent mutual consent of the owners of the dominant and servient estates, regardless of how...

...dominant estate. Hodgins, 139 Idaho at 230, 76 P.3d at 974. The Restatement of...Property states the traditional rule that an appurtenant easement may not be used for the benefit of property other than the dominant estate. Restatement (Third) of Property, Servitudes § 4.11...indicated to the owner of the servient estate. Hall, 108 Idaho at 11213...

...]nless the terms of the servitude . . . provide otherwise, an appurtenant easement or profit may not be used for the benefit of property other than the dominant estate." Restatement (Third) of Property...the Christensens, cannot be allowed, since easements appurtenant to land cannot serve parcels other than the dominant estate...use an easement appurtenant to an identified dominant estate to serve a parcel other than that dominant estate, it is impermissible as a matter of law and the factual inquiry regarding increased use...

...defined by the needs of the dominant estate."); Restatement (Third) of Property: Servitudes § 4.11 (2000) ("Unless the terms of the servitude determined under § 4.1 provide otherwise, an.... . . as a matter of law in New Jersey on easement appurtenant they are not assignable to third parties other than those who would take an interest in the actual dominant estate. That's not the law...parcel of property (the servient estate) grants rights regarding that property to the owner of an adjacent property (the dominant estate). Ibid. The easement appurtenant "enhances the value of the...

...the dominant estate, there is nothing to prevent a grantor from providing that the easement will not pass to the transferee of the dominant estate. Restatement of Property...separate from the land. An easement appurtenant is annexed to the possession of the dominant estate and cannot be severed from it. 3 Powell, Real Property, § 418. The County's...the easement it claims, the use being made of it is clearly excessive. The owner of the dominant estate is entitled to use the easement only in the manner contemplated by the grant...

...section 4.8 of the Restatement (Third) of Property, which permits a servient estate owner to unilaterally relocate an easement so long as the relocation does not substantially affect the dominant estate's.... Strout Realty, Inc., 85 Nev. 236, 239, 452 P.2d 972, 974 (1969), consent to relocate by the dominant estate owner is always required. Despite St. James Village's contentions that the law is unsettled in Nevada and adoption of section 4.8 of the Restatement would...not intrude upon the rights of the dominant estate. The Cunninghams argue against adoption of the Restatement rule, claiming that such a rule undermines the property rights and the bargained-for...

...personal to him in the sense that it was not an incident of his possession of a dominant [estate]. As such it is an easement in gross." Id. (internal citations omitted; citing 5 Restatement (First...of users, but such increase in burden is kept within limits by the fact that any easement appurtenant has its total extent defined by the needs of the dominant estate. ’); Restatement (Third...Restatement (Third) of Property (Servitudes) , "an easement appurtenant cannot be transferred or assigned for the benefit of another tenement separate from the dominant estate unless the instrument...

...increased use of the easement to accommodate changes in technology and development of the dominant estate." Restatement (Third) of Property...similar test, allowing for relocation of easements under certain circumstances even where the owner of the dominant estate does not agree. Thus, for instance, the Court of Appeals of New York chose to adopt the Restatement standard...fact that it "maximizes the over-all property utility by increasing the value of the servient estate without diminishing the value of the dominant estate; minimizes the cost associated with an easement by reducing the risk that the easement will prevent future beneficial development of the servient estate; and encourages the use of easements"); Roaring Fork Club, L.P. v. St. Jude's Co., 36 P.3d 1229, 1237 (Colo. 2001) (adopting Restatement approach...

...easement was reserved to the dedicator for commercial purposes, and was personal to him in the sense that it was not an incident of his possession of a dominant [estate]. As such it is an easement in gross." Id. (internal citations omitted; citing 5 Restatement (First...similar context-where a party argued that the term "assigns" in the grant of an appurtenant easement made the easement assignable separately from the dominant estate-New Jersey's intermediate appellate court explained as follows: "On this point, an example from the Restatement (First...that any easement appurtenant has its total extent defined by the needs of the dominant estate.'); Restatement (Third) of Property: Servitudes § 4.11 (2000) ('Unless the terms of the...

...estate to increased use of the easement to accommodate changes in technology and development of the dominant estate. Restatement (Third) of Property: Servitudes § 4.8.... The owner of a servient estate and the owner of a dominant estate enjoy correlative rights to use the subject property, and the owners must have due regard for each other and should exercise that...enjoyment of the lagoon as originally constructed. RS sought an order declaring its rights as owner of the dominant estate to an easement for use of, access to, and maintenance of the lagoon which...

...property other than the dominant estate." Restatement (Third) of Property, Servitudes § 4.11 (2000). Thus, the relevant inquiry is not simply whether the deed expressly provides that the easement...dominant estate "does not necessarily constitute an overburden or misuse of an easement." Id. at 452 (quotation and brackets omitted). This is fully consistent with the purpose that undergirds the Restatement rule...a later addition of land to the dominant estate. The Restatement rule would reject allowing use of the easement in such cases, even when doing so would not materially increase the burden upon...

...[servient estate owner] compel the [dominant estate owner] to detour over other land of theirs. Sakansky v. Wein, 86 N.H. 337, 340 (1933). However, "a handful of courts," AKG Real Estate, LLC v. Kosterman, 717 N.W.2d 835, 846 (Wis. 2006), have adopted Section 4.8(3) of the Restatement (Third...accommodate changes in technology and development of the dominant estate. Restatement (Third) of Property: Servitudes, supra § 4.8, comment f, at 563 (citation...testifying defendants' lots. Stowell counters that the easements are not appurtenant easements because they are capable "of existence separate and apart from the dominant estate." Tanguay v. Biathrow...

...thereof, survived the division of that estate, and today benefits the Scotts' property. [¶ 37] An appurtenant easement is created to benefit a dominant estate and generally passes with that estate, id., regardless of whether the easement is expressly mentioned in later conveyances of the dominant estate, Cole v. Bradbury, 86 Me. 380, 384, 29 A. 1097, 1098 (1894), and regardless of whether later conveyances divide the dominant estate, Restatement (Third...terms of an easement's creation or transfer, the dominant owner can apportion appurtenant benefits to some parts of the estate and extinguish those benefits as to other parts. Restatement (First) of...intended to grant Ensign Otis an easement over the beach located on their property. They challenge the court's conclusion that the beach easement passed through subsequent transfers of Otis's estate...