The Delaware Supreme Court recently affirmed a ruling regarding an easement dispute between Kory Dyer and Janina Servino. This decision, made on July 23, 2026, is significant for property owners as it clarifies the extent of easements in property law. The court's ruling affects not just the parties involved but also sets a precedent for future property disputes in Delaware.
The case, Dyer v. Servino (Docket No. 515, 2025), originated from a disagreement over the width of an express easement on a property. Kory Dyer and Sumer Lynn Dyer, the appellants, contested the ruling made by the Court of Chancery, which had previously determined the easement's dimensions. The outcome of this case is vital for understanding property rights and easements in Delaware.
Kory Dyer and Sumer Lynn Dyer are the petitioners in this case, while Janina M. Servino and James J. Servino, III, are the respondents. The dispute arose when the Dyers sought to clarify the dimensions of an easement that they believed was improperly defined. The case was initially heard in the Court of Chancery, where the judge ruled in favor of the Servinos, leading the Dyers to appeal to the Delaware Supreme Court.
The appeal was submitted on June 17, 2026, and the Supreme Court reviewed the briefs and the trial record. The court found that the judgment from the lower court should be upheld. The Supreme Court stated, "It is evident that the width of the express easement over Lot 5 is 25.04 ft." This statement confirms the lower court's findings regarding the easement's dimensions, which are crucial for the Dyers' property rights.
The ruling emphasized that the portion of the jughandle that falls within the 25.04 ft. easement is included in the express easement. This clarification is important for both parties as it defines the extent of the Dyers' rights to use the easement and the Servinos' rights concerning their property.
The Supreme Court's decision, which was made by Chief Justice Seitz and Justices Traynor and Griffiths, affirms the lower court's judgment based on the reasoning provided in the Court of Chancery's Post-Trial Memorandum Opinion dated November 5, 2025, and the Final Order dated November 24, 2025. This ruling reinforces the importance of clear definitions in property law and the need for property owners to understand the implications of easements.
The impact of this ruling extends beyond the immediate parties involved. It serves as a reminder to property owners in Delaware about the significance of properly defined easements and the potential disputes that can arise from unclear property boundaries. The court's affirmation of the easement's dimensions sets a precedent that may influence future cases involving similar property disputes.
Going forward, property owners must pay close attention to the specifics of easements to avoid conflicts. This case highlights the importance of having clear documentation and understanding of property rights. The outcome may also encourage property owners to seek legal advice when dealing with easement issues to prevent disputes from escalating to court.
As for what’s next, the Dyers have the option to appeal the ruling further, although details were not available in the court filing regarding any plans for further legal action. There are currently no related cases pending that could influence this decision.











