Hayes v. Aquia Marina

Aquia Marina, Inc. ("Aquia") held an easement over the land of Hayes; the easement was the only way to access the marina by land.

The original easement was written down in 1951.

Hayes filed a lawsuit asking the court to enjoin (prohibit) the expansion of the boat slips and docks of the Aquia and others.

What happens if the use of the dominant estate substantially increases the burden on the servient estate to the easement?

An easement created by grant may be used by the dominant estate for any purpose to which the dominant estate is reasonably devoted.

A dominant estate may enjoy an easement over another parcel of property.