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Appeals court hears complex beachfront easement fight over merger, relocation and overloading
Summary
The court considered whether historic conveyances and later subdivisions extinguished or relocated deeded beach easements and whether ‘overloading’ can permanently enjoin preexisting easement uses. Counsel disputed Cheever-based merger application to servient estates and practical consequences for access and use.
Appellant David Liberdoni argued that partial merger and later conveyances limited the scope of historic easement rights, and that where after‑acquired parcels were added the court should recognize overloading or, alternatively, enjoin certain uses of the easement that unreasonably burden the servient estate. Liberdoni…
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