[WSBARP] BPA Power line easement question

[Claudia A Gowan]

Good morning colleagues:

A question came up this weekend for a family member:

Can an encroachment onto a power line easement be 'grandfathered' in or be recognized by adverse possession type rights?

The basic facts:

BPA has an easement for their power lines across family members' land.

A structure on the land encroaches no more than 10 ft at its deepest level of encroachment, and, much less along a portion of the boundary line of the easement. (In effect, the structure's corner encroaches as a triangle, with diminishing depth from the 10 ft apex.)

The structure has been there for a minimum of 56 years! (It may have been there when the easement was granted.)

BPA recently hired a consultant to survey easements across the county. The survey consultant sent a notice requiring removal to family members, which would entail a significant amount of work.

Thus, my question. Family members are not able to get into a significant amount of litigation over this issue, so I am hopeful there is an easy solution.

Thank you for your input.

Best,

Claudia






Claudia A. Gowan

Claudia A. Gowan, PLLC
2101 Fourth Avenue, Suite 1900
Seattle, WA 98121
(206) 443-2733 (T)
(206) 448-1843 (F)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

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