Easement

Listen to this article

WI Supreme Court

Case Name: Garza and Julie L. Garza et al v. American Transmission Company, LLC, et al

Case No.: 2017 WI 35

Focus: Easement

Under deed of easement, respondent has right to enter appellant property to trim and remove trees.

“ATC, on the other hand, argues that to interpret the language “comprising wood pole structures” so as to proscribe other materials from being used in the structure is to read that phrase out of context and preclude evaluation of the 1969 easement as a whole. ATC further argues that replacing the wood poles with steel poles is permitted under the implied term contained in every easement that the dominant estate holder may do what is reasonably necessary to continue enjoying the right to use granted under a deed of easement. Thus, ATC argues the change from wood poles to steel poles did not invalidate the 1969 easement and, with the 1969 easement still in place, ATC has the right to enter the Garzas’ property to trim and remove the trees threatening or endangering the operation of the transmission line.”

Reversed

Concur:

Dissent:

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.