Concerning easements (for you armchair attorneys out there)

paden-cash · 2018-04-29T19:11:00Z

While most of us are not attorneys I have noticed we all seem to frequently lend our opinions concerning survey legal issues.?ÿ I have a project that slowly approaching a litigious impasse and wondered what other surveyors thought; here goes.In 1964?ÿ?ÿan easement for a transmission line was granted to Power Company "A" adjacent to a section line.?ÿ The easement is outside of and additional to the statutory public R/W.?ÿ "A" constructed the 250 kV line and maintained use continuously since that date.?ÿThis line is within the service area of Power Company "B".?ÿ In 1972?ÿ "B" attached a 14.5 kV distribution line through an agreement with "A" to serve subscribers within their area.?ÿ This is commonly called an "under-build" or "under-carry" around here.?ÿ The 1972 agreement between the two providers mainly concerns maintenance, accounting, clearance?ÿand the technical aspect of carrying separate circuits on a point-use pole.?ÿ "B" has maintained the under-carry continuously since that time.At least two property owners are now wanting "B" to either remove their facilities or (more likely) purchase rights since the original grant was only to "A".?ÿ"B's" attorney is somewhat inexperienced in certain cases and draws from conversations he and I have regularly.?ÿ We decided the issue probably centers around whether or not?ÿ?ÿa term in the original grant allowing "A" to convey rights to "heirs and assigns" actually includes allowing joint-use rights.?ÿ By?ÿcommon definition?ÿI believe "heirs and assigns" is generally used when the entire rights are transferred.?ÿOur attorney did find several cases where a pipeline company "rented" their buried facility and allowed others to transfer oil and gas through their facility.?ÿ The courts have upheld their right to do so.So my question would be:?ÿ Does the dominant estate (owner of easement rights) have the right to "assign" multiple use of a granted easement?

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holy-cow

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Interesting news on the railroad/telegraph line thing. ?ÿI believe there may be a fiber optic line running up the tracks a quarter mile away. ?ÿMaybe it is owned by Union Pacific.

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Meanwhile, at least two of the seven pipelines in a common group not far from here no longer carry fluids as they now have fiber optic lines in them. ?ÿWilliams Brothers pipelines crossing several States.

Posted : April 30, 2018 6:07 pm

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Concerning easements (for you armchair attorneys out there)

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