Asked by Mackenzie Vatter on May 22, 2024
Verified
The All-Power Gas and Electric Company cleared a right of way across Larry's land and put up a power line, which it has maintained for the past 20 years. Now the company wants to replace the old line with a new one, and Larry has decided he doesn't want them on his land. Does the company have a recognizable interest in Larry's land? Can Larry keep the company from installing a new line?
Recognizable Interest
An interest in property or a transaction that is legally identifiable and protectable.
Right of Way
The legal right, established by usage or granted by authority, to pass along a specific route through grounds or property owned by another.
Power Line
Electrical transmission and distribution cables that carry electricity from power plants to end users.
- Explain the methodology by which rights of way and utility easements impact landowners' rights.
Verified Answer
AE
Ashlie ElizabethMay 23, 2024
Final Answer :
The power company has an easement, which is a limited right to make use of Larry's land for a specific purpose. As the owner of the land, Larry has the right to make any use of the land as long as it does not interfere with the power company's easement. Larry cannot keep the power company from installing a new line, because that would interfere with the use of the easement.
Learning Objectives
- Explain the methodology by which rights of way and utility easements impact landowners' rights.