Easement Obstruction and Right of Way Restoration
Synthèse Legislator
Généré par l'IAA property owner granted an easement for a right of way across their land to an adjacent property owner, but subsequently built a wall that significantly obstructed the use of that right of way, leading the dominant estate holder to seek its restoration. The court upheld the lower court's finding that the construction of the wall constituted an abuse of the right of servitude because it substantially hindered the necessary and customary use of the established right of way, thereby justifying an order for its removal.
Regeste Legislator
Généré par l'IAEasement Obstruction and Right of Way Restoration: The court upheld the lower court's finding that the construction of the wall constituted an abuse of the right of servitude because it substantially hindered the necessary and customary use of the established right of way, thereby justifying an order for its removal.