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Carrollsburg v. Anderson2/14/2002
h in the Restatement, § 4.8 (3), the Carrollsburg Condominium Association's position that it could relocate the easement cannot be sustained. Under the majority rule, the location of the access route to the underground garage had been fixed for some thirty years, and its unilateral relocation did not have the consent of the Carrollsburg Square owners. Thus, the relocation was invalid. Nor would the Carrollsburg Condominium Association at this point fare any better under § 4.8 (3) of the Restatement. Besides the apparent failure to demonstrate that compelled use of the automobile entrance would not significantly burden use of the easement, there is no showing that such a change is required in order "to permit normal use or development of the servient estate."
Accordingly, for the foregoing reasons, we affirm the judgment of the trial court.
So ordered.
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