Easement Damage During Utility Work

[nworcest]

My question involves an easement in the state of:WA
I have an easement on my property, which grants to the local electric utility (private) an easement for overhead power-lines. The easement came to me with the sale of the property 8 years ago, and was granted in 1947. I have no details other than the purpose for overheard transmission lines, and the measurements.

During a power outage the utility crews tore up the property due to muddy conditions, The easement is an abandoned roadway. There are now ruts up to 18" deep. The property is now inaccessible to me, and I doubt that their trucks would make it through.

The current easement language from the utility specifies that they will restore damage, or compensate the Grantor (presumably me) for damage during their access.

Any thoughts about whether I have a likely claim based on what their current practice is?

thanks

Ned in WA

[jk]

The current easement language from the utility specifies that they will restore damage, or compensate the Grantor (presumably me) for damage during their access.

You might get them to repair the damage simply because that is what they currently do anyway but you need to get a copy of the original easement grant to see what legal rights you actually have. You would not be able to force them to do anything if it is not required of them and what is in a current easement grant does not apply.

[LandSurveyor]

The current easement language from the utility specifies that they will restore damage, or compensate the Grantor (presumably me) for damage during their access.

That would be the correct interpretation. They need to restore the damage you have suffered, or reimburse you for whatever repairs you are required to perform to return the situation to that prior to damage.

Most electric utilities have a right of way department to interact with members of the public such as yourself. I would try starting there. If that does not work please let us know.

[jk]

That would be the correct interpretation. They need to restore the damage you have suffered, or reimburse you for whatever repairs you are required to perform to return the situation to that prior to damage.

Most electric utilities have a right of way department to interact with members of the public such as yourself. I would try starting there. If that does not work please let us know.

I may be mistaken but I was reading that that the currently written easements do include repairing damage. The OP's easement was written long ago and may or may not be the same or similar to recent easement grants.

Plus, the fact he stated this:

Any thoughts about whether I have a likely claim based on what their current practice is?

Tends to support that idea.

[LandSurveyor]

Maybe I am mistaken. Good point by jk.

I assumed that the language being discussed was the language of the "current easement"; the easement being discussed.

Of course the language in effect is the language of the easement being discussed.

We need to have the OP clear this up in order to move forward on this.

[nworcest]

Thanks for the answers. I've not had an opportunity to contact them yet, but will do so as soon as the weather stabilizes. I'd not thought about the ROW/Easement departm,ent. I was hoping not to have to go right to the claims dept. I'm hoping that they might be willing to come out and fix it on their own, and that I'd not have to do the formal claims process.

Ned, Seattle

[lurkertom]

I work for an electric utility in NW Oregon. I doubt they want any bad PR because I know we don't. If you call and ask them I am pretty sure they'll make sure to fix things back they way they were, or close to it. They have been kind of busy with "snowmageddon" for the last week or so if I am not mistaken.