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Tractor Talk Discussion Board

Re: Land ownership question

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Posted by Keith Freitas on February 21, 2006 at 22:40:04 from (66.81.128.250):

In Reply to: Re: Land ownership question posted by Respect your thoughts re: comprimise /settle... especially if much is at stake. However settlement and compromise set precedent and that could work against the future need or use of the entitlement. If you take a stand in calif. you take a risk that the other party knows the judge better than your representitive, this could prove fatal ! But if your smart, you do the research and take your best shot. I just challanged SCE (Southern Cal. Edison) regarding their utility easements. The primary prevailing control issue is "exclusive right to use" The easement holder does not/nor in most cases are they granted an "exclusive right to use" they are allowed to utilize portions of the easement to accomplish that which the easement was intended to grant, and that is all no more and no less. Modifications to or variances from this standard is a breach of the intended use of the entitlement, and can be challanged.

Question: I am researching whether or not private easements (vs. those that are obvious utility or quasi governmental ) have a life of 20 years unless otherwise stated ? Do you know the answer .... Do private easements expire "natural Life" after 20 years ?

Thanks

Keith

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