real-estate real-property easement montana
Prescriptive Easement - how exactly does this apply to utilities?
<p>A prescriptive easement in my state (MT) is defined as:</p>
<blockquote>
<p><em>&quot;A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.&quot;</em></p>
</blockquote>
<p>Source: <a href="https://leg.mt.gov/bills/mca/title_0230/chapter_0020/part_0030/section_0220/0230-0020-0030-0220.html#:%7E:text=(1)%20A%20prescriptive%20easement%20is,a%20period%20of%205%20years.&amp;text=(b)%20the%20entering%20or%20crossing,property%20to%20reach%20surface%20waters." rel="nofollow noreferrer">Montana Code Annotated 2021 23-2-322</a></p>
<p>Question is in relation to overhead power lines that are very old and is 2 fold:</p>
<ol>
<li><p>What right in exact footage does this grant? Or, is this basically up to the power company to make a statement about what is reasonable / normal for them? I can find no case law where it was challenged, and so am unsure. The power company does have a statement that they &quot;require a 10 foot right of way.&quot; With lack of an actual written easement (prescriptive only), would this apply just cause - it's their rule as printed?</p>
</li>
<li><p>Would my pedestal (ok, really the power company owns it, not me) qualify for me to have access to it (for the purpose of turning my power on/off etc) under this prescriptive easement? Note: My home and pedestal have only been here for 2 years.</p>
</li>
</ol>
<p>I'm assuming all of this would need case law/for someone to challenge it, specifically in my state. Is this mostly correct? In lieu of that, maybe I don't sweat it / assume i'm good with my pedestal where it is and my access to it till someone challenges, and then after 3 more years the prescriptive easement takes over anyway?</p>

<blockquote>
<p>What right in exact footage does this grant? Or, is this basically up
to the power company to make a statement about what is reasonable /
normal for them? I can find no case law where it was challenged, and
so am unsure. The power company does have a statement that they
&quot;require a 10 foot right of way.&quot; With lack of an actual written
easement (prescriptive only), would this apply just cause - it's their
rule as printed?</p>
</blockquote>
<p>This is determined as a question of fact in the event that the scope of the easement is litigated considering all of the facts and circumstances admitted into the trial court record as evidence at trial. Since there isn't a written easement, the determination has to be based upon actual use and necessity over the prescription period and there are all sorts of factors and arguments that can lead to the being larger or smaller.</p>
<p>The answer would also be influenced by how the issue presented itself in a court. One of the concerns about overhead power lines is the extent to which another use interferes with the operation of the activity that benefits from the prescriptive easement, this might be one thing for tall trees, another for activities that have significant electromagnetic output that could interfere with the lines, and a third for the erection of a fence that could interfere with the ability to line maintenance trucks to access the lines. It might be different for a high voltage trunk line and the local line getting electricity to the houses on a particular block. It might depend upon what kind of vehicle utility companies used to tend to these vehicles and could conceivably, for example, be reduced if it becomes possible to maintain these lines for air based drones rather than ground based crane trucks.</p>
<blockquote>
<p>Would my pedestal (ok, really the power company owns it, not me)
qualify for me to have access to it (for the purpose of turning my
power on/off etc) under this prescriptive easement? Note: My home and
pedestal have only been here for 2 years.</p>
</blockquote>
<p>I don't understand what this part of the question is asking.</p>
