Richland Convenience Store Partners, LLC, et al. v. Joseph V. DeSpirito

── Richland Convenience Store Partners, LLC, et al. v. Joseph V. DeSpirito ── Case No.: 53S01-1709-PL-00612 Court: Indiana Supreme Court Date: November 29, 2018 Author: Justice Geoffrey Slaughter County of Origin: Monroe Category: Civil Decision: Affirmed We adhere to Indiana’s longstanding common-law rule that relocating a fixed easement requires the consent of all affected estate-holders. And we reject the minority approach, reflected in the Third Restatement of Property (Servitudes), which permits the unilateral relocation of easements if a court finds the proposed relocation is “reasonable”, consistent with the “normal” use and development of the servient estate, and does not adversely affect the dominant estate.