On 29 Jan 2005 03:09:22 GMT, N2EY wrote:
Kinda like the person who objected to the installation of the cable TV coax on
the poles at the front of his property. His objection was that the cable
carried stuff like the "Playboy Channel". Never mind that he wasn't a cable
subscriber, and that the pole line easements predated his ownership of the
property - he didn't want his property used to distribute such programs in any
way!
Too bad if either the deed granted a utility easement (which most deeds
have) or a default easement (equivalent to "squatter's rights") was
created by the utility occupying that area.
As long as the dominent tenement (the easement-holder) is doing what
the easement describes or some other lawful act in furtherance of
same, the servient tenement (the easement-granter) is SOL.
Do not confuse those tenements with a similar-named type of housing
in which I grew up.
Of course you can guess how much legal water that objection held...
Yup...
--
73 de K2ASP - Phil Kane
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