When the extent and location of an easement created by deed are not defined, then the location and historical use of the easement by the owner of the dominant estate as acquiesced by the owner of the servient estate, will be deemed to be that which was intended to be conveyed by the deed[i].
The extent of the right to light, air, and view claimed under an express grant or reservation generally depends upon the construction of the terms of the conveyance, except when it is affected by special statutory regulation[ii].
In Kesseler v Bowditch[iii], a property owner sought to build a one story building on his property. An adjacent property owner possessed an easement that provided to put two or three windows in the north side of his house. The easement holder brought an action against the property owner to prevent the building of the new dwelling.
The court held that the rights of the parties had become settled and established so far as the dwelling house was concerned. The court observed that the easement holder cannot change the location of any of the windows and his right to light and air will be limited to the windows existed. The court also found that the right that originally existed to place a window upon the lower story had not abandoned.
[i] Kesseler v. Bowditch, 223 Mass. 265 (Mass. 1916)
[ii] Hopkins the Florist v. Fleming, 112 Vt. 389 (Vt. 1942)
[iii] 223 Mass. 265 (Mass. 1916)