Carbone v. Vigliotti
In Carbone v. Vigliotti, 222 Conn. 216, 610 A.2d 565 (1992), the highest court in that state had occasion to review an issue quite similar to the one in this case. The owner of a house straddling the boundary line between two parcels sought to use an access easement over the plaintiff's land to connect the house with the public street. One of the two lots on which the house stood plainly had appurtenant rights to the easement. The other lot did not as clearly benefit from the easement. The plaintiff sought to have enjoined the defendant's use of the easement.
The court acknowledged the "doctrine that 'an easement cannot be made to attach to other land which the owner of a dominant estate may subsequently acquire'".... but characterized the purpose of that doctrine to be "to protect the servient estate from the use of an easement in a manner or to an extent not within the reasonable expectations of the parties at the time of its creation." Id, at 225.
However, the court observed that "the addition of parcels 2 and 3 to lot 4 in order to form a single building lot has not changed either the character or the extent of the proposed use of the easement to Chestnut Street." Id.
Concluding that no significant change had occurred in the use of the easement from that contemplated when it was created, the court held that mere addition of other land to the dominant estate did not constitute an overburden or misuse of the easement. Id.