My question involves real estate located in the State of: Indiana
I am a registered land surveyor and I am representing a local utility in a facilities relocation plan in conjunction with a road way expansion project. In this process, the utility company will be reimbursed to relocate utilities within an existing easement (please ignore the easement by prescription aspect). I have found an easement in my research that is very ambiguous as to the location of the easement and the intentions of the parties. The document reads as follows:
“KNOW ALL MEN BY THESE PRESENTS, That we _________and_______, husband and wife, of the aforesaid county and state, grantors, in the consideration of its services to rural residents of said county in construction and maintaining an electric transmission or distribution line or system, and for other valuable consideration, the receipt of which is acknowledged, do hereby grant unto ________, grantee, its successors and assigns, the following easements upon our lands hereinafter mentioned, to wit:”
(This area was left blank in the document)
“Each aforesaid easement includes the right at any time to enter upon the grantors’ land, with the necessary tools and equipment, to do the acts mentioned.
The grantors own the land on which the aforesaid easements are granted and they have full right to grant such easement free of all encumbrances except taxes or assessments not yet due and except as hereinafter stated.
Said land is situated in the aforesaid county and state, in the XX quarter of the XX quarter of Section XX, in township XX, XX, of range XX.”
(Next Page)
“ANCHORS
To place, maintain, repair, or renew two anchors and attendant guy wires and other appurtences, at approximately the following places:
one aprox. 5 feet north of County right of way line and east side of property line fence
one aprox. 27 feet north from last pole set and on east side of property line fence
Poles
To place, maintain, repair, or renew two poles with their incident supports and other appurtences, at approximately the following places:
One pole aprox. 33 fett north of county highway property line and on east side of property line fence.
One pole aprox. 525 feet north of county property line fence and on east side of property line fence.”
(Next Page)
“Grantors reserve to themselves full use and enjoyment of said land insofar as it shall not interfere with the easement hereby granted.”
Signatures and dates
My question is does the lack of a description in the allotted area (blank area)constitute a blanket easement? Also there is no mention of a width in the part about the poles and anchors, so does that also support a blanket easement?
Does this statement of the grantors’ land in the portion below imply a blanket easement?
“Each aforesaid easement includes the right at any time to enter upon the grantors’ land, with the necessary tools and equipment, to do the acts mentioned.
Please advise. If you can point me to specific court cases that would be greatly appreciated.




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