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What Constitutes Maintenance

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  • 11-06-2013, 12:42 PM
    mrssimpson
    What Constitutes Maintenance
    My question involves an easement in the state of: KENTUCKY

    My grandmother owns several properties with easements from the 1920's to a gas company that read "...so long as such lines and appurtenances thereunto shall be maintained..."

    My question is: What constitutes "maintained?"

    There has been no gas flowing through those lines for a long time. However, the gas company's successor claims that they have "maintained" the pipelines in lieu of using them.

    Thanks for any input!
  • 11-06-2013, 12:56 PM
    Mr. Knowitall
    Re: What Constitutes Maintenance
    Unless it's defined differently in the grant of an easement, you would normally use the dictionary definition.
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