Re: Prescriptive Easements

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Generally a deed should have all easements listed. If
this "PUD" company put a pole on the property for a length
of time meeting the time requirement in you states statute
for continued and uninterrupted occupation then it is
there. YOu will have to look up the statute in your state
for the time limit (statute of limitations). If you or the
previous owner gave Permission to place the pole there this
is not adverse so the easement will not attach. It seems if
the power pole is connected to your house then it could be
viewed with permission to service your house. In this case
it may not be prescriptive.

But! If a utility company does not have an easment it can
get one easily with out your permission. For example when
cable TV was coming out some people refused to grant the
easement accross their land. The court then simple said the
eastments alread burdening the land will then allow Or
expand to have the cable use it. The water pipe easement
and electrical easements were used to run the cable.

Also remember no one in America "owns" their land. The
government only allows the best use of the land to people.
IF the best use of the land is now for a power pole the
court will take away the "privledge" of use from the owner.
Ie Eminent Domain.

Res Ispa Loquitur

On 1/19/07, Tiffany wrote:
> I have a power pole on my property with no recorded
> easement (at least that is what the title company told
> me). Does the PUD have to have an easement? If so, how
> do I find out if they do? Is it recorded with the county?