Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

Courts usually refuse to enforce land use restrictions which are no longer reasonable in view of present circumstances.  For example, a person wants to convert a farm to a commercial complex, and use the road as the complex’s entrance, paving it and putting utilities under the pavement.  If an area has changed and farms have been converted to commercial use, it is not unreasonable for the court to allow someone to carry out such a plan for a road.

Even with a road modification, someone would still be using the road for access so the intended purpose of an easement may not change.  An easement may be asserted by prescription if for a period of time there is continued use of the access road establishing a right to continue to use the road.  An easement may be asserted by implied necessity if there are implied common ownership, reasonable necessity and prior use established.