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  1. #21
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    Nov 2013
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    Default Re: Can Land Quit Claimed to a Utility Company Later Be Sold As Part of a New Lot

    Quote Quoting necromancer
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    I have exhausted myself trying to understand this, and I'm sure what I am saying is correct. I'm just not saying it all correctly.
    I think I found why this is so perplexing, . Before World War I, developers could only grant easement for streets. State law had not yet adopted the principal of dedicating public right-of-way. the granting document (typically, a subdivision map), (which I actually have and was recorded) I'n pretty sure this was the equivalent to an irrevocable dedication only they were smart about it and dedicated it to the electric company not the county so it cant be vacated..
    I don't know where you get the idea that before WWI an easement could only be granted for a street. That is not true. Easement common law dates back to the time of the kings in England. It long outdates our common law and was (and to some extent still is ) a bases of the US common law on easements. An easement is a non-possessory interest in using land owned by another. Meaning that you have the right to use the land but you do not own it. Kings would grant easements to farm the king's land, to hunt on the king's land, to log on the king.s land, and to pass over the king's land. That is how far easement law dates back.

    The English common law was brought to the US and formed the early law on easements. It has of course evolved from English common law but the underlying principals are still the foundation of our present laws.


    Quote Quoting necromancer
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    So as I said before my deed actually says the 2 parcels of land, are being set aside.
    The language you quoted says the 2 parcels are being set aside for what? They are being set aside for servitude (a right-of-way) . So far, nothing you posted says they are being set aside for transfer.

    What you don't seem to understand is that an easement is property in the sense that it gives rights to the easement holder (the dominant estate). It also has value. But it never the less is not real property (land). It is only the right to use the property for purpose that was granted.

    Quote Quoting necromancer
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    "Witnesseth: that the party of the first party for and in consideration of the sum of
    one dollar ($1.00), lawful money of the United States of America and other
    valuable considerations to them, in hand paid by the said party of the second part,
    receipt whereof is hereby acknowledged, do by these presents, grant, convey and
    confirm, unto the said party of the second part, and to itís successors and assigns
    forever a right of way for itís electrical lines, poles, towers (eq. appurtenances)
    for the transmission of electric current and telephone and telegraphic communication
    over, across and upon the following described property and premisis situated in the county
    of San Bernardino, State of California, according to the survey thereof, to-wit:"

    To have and to hold the said property, and promises for right of way purposes to said The Southern Sierra Power Company itís successors and assigns forever subject nevertheless to the following expressed conditions and are hereby made a part of the consideration of the conveyances towit:
    A. Said right of way shall only be used for the express actions and purposes of the party of the second part in constructing it's said electrical lines, and in thereafter maintaining the same and carrying on its businesses.
    Bolding was added. This is clearly (not ambiguous) an easement grant for the electric company for a right of way for itís electrical lines, poles, towers (eq. appurtenances)
    for the transmission of electric current and telephone and telegraphic communication
    .

    Quote Quoting necromancer
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    In the event said right of way is ever abandoned by said party of the second part it's successors or assigns then the right of way herein said property granted shall revert to the party of the first part, and to its heirs and assigns.
    This paragraph means that if the easement (right=of-way) is abandoned then the easement is extinguished and the dominant estate no longer has the right to use the land. But understand that simple non use of an easement is not abandonment. The dominant estate must take some action that a court would recognize as abandonment. Or, the dominant estate could voluntary abandon the easement.



    Quote Quoting necromancer
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    Said right of way shall be always open to the party of the first part itís heirs and assigns for agricultural purposes, and for such other uses and purposes as shall not interfere with the proper uses of same by said party of the second part as aforesaid or be inconsistent theretowit: It being understood that the right of ingress and egress in over across and upon said right of way for all proper and necessary purposes shall never be denied to the party of the first part its heirs and assigns, provided that such ingress and egress or other use shall not damage or injure any of the property of the party of the second part its successors or assigns or interfere in any manner with its businesss operations.
    What this paragraph means is that the easement is not exclusive. The easement is non exclusive. Meaning that the servient estate can also us the land as long as such use does not impede the use by the dominant estate. It says that the servient estate can use the land for agricultural purposes (farming) but they couldn't build a barn on the easement that would impede the dominant estate from maintaining their electric lines.

    Quote Quoting necromancer
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    It is expressly agreed that the party of the second part, itís successors and assigns shall at all times repair the fences that may have been removed either for the construction or for the repair of said electrical lines, and that said party of the first part waives no right for damages or injury to and of the property of the party of the first part by the party of the second part, itís agents or representatives except as herein may otherwise be provided.
    This paragraph says that the dominant estate will repair any damage to the servient estate in the installation of the electric service and ongoing maintenance and that the servient estate waives any claim for damages.


    Quote Quoting necromancer
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    Anyway from what Ive been able to ascertain this is called a grant by fee simple ownership, since it was sold for 1 dollar. This is what I meant by not an easement its a secondary kind of right of way.
    I don't see how you come to this conclusion. There is nothing in the grant that even remotely suggests that this is nothing more than a grant of an easement for the consideration of $1.00. There is no transfer of title to property. It is common for a dominant estate to pay for the right to an easement but just because they pay it doesn't mean that they have acquired property.

    I will again tell you to seek the advise of a local attorney. It is obvious that you do not understand the concept or the laws of easements.

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