Summary: Johnson & Borenstein represented land owner who sought to develop single-family lot. Abutting property owner claimed a driveway and utility easement though the heart of the lot’s buildable area. Following trial, Land Court ruled that the claimed easement had been abandoned by the abutter’s improvement and use of an alternative access driveway. Abutter appealed. The Massachusetts Appeals Court upheld the Land Court ruling and found the easement had been effectively relocated. Due to the majority of cases where the Court had found an easement to have been abandoned, Johnson & Borenstein was also invited to submit an article on the matter to the Massachusetts Bar Association. As discussed in that Article, shortly after the issuance of the Proulx decision, the Massachusetts Supreme Judicial Court overturned long-standing case law and adopted the position that owners of land affected by an easement have a right to relocate such easements in certain circumstances.
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