[WSBARP] BPA Power line easement question

[Craig Gourley]

Good morning, remember that your family member actually owns the land and BPA has only the rights designated in their easement.  Your family member has all other rights except those specifically granted under the easement document.   I have had a couple of these cases in the past and under the language of those easements, my client could pretty much do what they wanted as long as it did not block access to the lines or exceed a certain height etc.  You need to look at the actual language of your easement document and see if you can argue that your use does not interfere with the intention of the easement or impair the Grantees reasonable use of the rights granted.   Best of luck!

From: wsbarp-bounces at lists.wsbarppt.com <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' <wsbarp at lists.wsbarppt.com>
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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