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?
Determine the scope by considering industry standards along with other relevant factors for similar utility easements.
Review the original easement agreement and interpret the powers based on the parties' intent and reasonable use.
Any expansion beyond the current size violates the easement.
Discuss the expansion with the property owner to negotiate terms if changes are proposed.
The scope of an easement primarily relies on the original agreement and the intent of the parties involved. Reviewing the easement agreement and interpreting the powers based on the parties' intent and reasonable use provides the most appropriate framework for determining whether the utility company has exceeded the scope. The other options either make unfounded assumptions, do not consider all relevant factors, or suggest actions that are not directly related to assessing the scope of the easement.
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What are the key elements to look for in the original easement agreement?
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How do courts generally interpret easement agreements?
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What should a property owner do if they believe the utility company has exceeded the easement's scope?