My question involves an easement in the state of: WA
My question concerns an easement for power and telephone lines. In 1912 an easement was granted to Puget Sound Energy to run lines for electricity and telephone along with power poles across rural property, which subsequently (around 1979) was subdivided into housing lots with some of the lots having power poles and transmission and distribution electrical lines running across them. The lower wires were minimum about 30+ feet above ground. This year the power company ran a new cable between the poles which dips lower than 15 feet above ground in some places. They claim the 100 yr old easement allows them to place cable anywhere they want, at any time.
We have copies of the original easement ( a fairly simple document). Other documents relating to establishing the subdivision do not mention any changes in the wire placement. For nearly 35 years we have tolerated the wires in our back yard, and were not prepared or notified that additional cable would be placed so low. This would be considered an unbuildable lot with the new cable.
Does the manner in which the easement was used for the first 100 years in any way establish a limitation on subsequent use? We feel this significantly affects our property value.
My question concerns an easement for power and telephone lines. In 1912 an easement was granted to Puget Sound Energy to run lines for electricity and telephone along with power poles across rural property, which subsequently (around 1979) was subdivided into housing lots with some of the lots having power poles and transmission and distribution electrical lines running across them. The lower wires were minimum about 30+ feet above ground. This year the power company ran a new cable between the poles which dips lower than 15 feet above ground in some places. They claim the 100 yr old easement allows them to place cable anywhere they want, at any time.
We have copies of the original easement ( a fairly simple document). Other documents relating to establishing the subdivision do not mention any changes in the wire placement. For nearly 35 years we have tolerated the wires in our back yard, and were not prepared or notified that additional cable would be placed so low. This would be considered an unbuildable lot with the new cable.
Does the manner in which the easement was used for the first 100 years in any way establish a limitation on subsequent use? We feel this significantly affects our property value.
Use and Enforcement: Utility Company Overstepping Limitations on the Easement
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