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Texas Supreme Court Reverses Ruling for Landowner in Easement Width Case

3/22/2020

 
Background 
Three landowners in Bowie County own land burdened by a utility easement help by Southwestern Electric Power Company (“Company”).  The easements were granted to the Company’s predecessor in 1949 by the landowners’ predecessors in title.  The easement document provides as follows:
“(A)n easement or right-of-way (is granted to Southwestern Gas & Electric Company) for an electric transmission and distributing line, consisting of variable numbers of wires, and all necessary or desirable appurtenances  (including towers or poles made of wood, metal or other materials, telephone and telegraph wires, props and guys), at or near the location and along the general course now located and staked out by the said Company over, across, and upon on the following described lands… .Together with the right of ingress and egress over my (our) adjacent lands to or from said right-of-way for the purpose of constructing, reconstructing, inspecting, patrolling, hanging new wires on, maintaining and removing said line and appurtenances . . . “
Importantly, none of the documents specified a width of the easement.
Read more . . .
agrilife.org/texasaglaw/2020/03/09/texas-supreme-court-reverses-ruling-for-landowner-in-easement-width-case/



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