[WSBARP] BPA Power line easement question

[Douglas W. Scott]

Keep in mind that an easement is merely a right of someone to the limited use and enjoyment of someone else's land. If the structure does not violate the terms of the easement, then it is OK, especially since for 56 years that structure has not interfered with BPA's use of this easement.

Douglas W. Scott
Rainier Legal Advocates, LLC
465 Rainier Boulevard North, Suite C
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.rainieradvocates.com<http://www.rainieradvocates.com> f/k/a
www.davisscottlaw.com<http://www.davisscottlaw.com/>


From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Claudia A Gowan
Sent: Monday, September 10, 2018 9:40 AM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] BPA Power line easement question

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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