Crucial Exams

Multistate Bar Examination Practice Question

A property owner grants a utility company an easement to install and maintain power lines across their property. The easement agreement does not specify the maximum width of the corridor for these power lines. The utility company begins expanding the corridor to accommodate larger infrastructure, which requires additional land use beyond the original agreement. What is the best approach to determine if the utility company has exceeded the scope of the easement?

  • Review the original easement agreement and interpret the powers based on the parties' intent and reasonable use.

  • Determine the scope by considering industry standards along with other relevant factors for similar utility easements.

  • Discuss the expansion with the property owner to negotiate terms if changes are proposed.

  • Any expansion beyond the current size violates the easement.

Multistate Bar Examination
Real Property
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