Just another easement question

[BadLuck08]

What is the name of your state (only U.S. law)? Alabama

My wife and I live on 4 acres of land. 50 years ago her grandfather deeded the local water board half an acre to put a water tower on. He also gave the water board a 20 foot easement across 221 feet of our property. This 221 feet runs right by the part of the property we live on.

Eight years ago a small cell phone company rented space on the water tower to put up antennas. I ended up putting up a $10,000 metal building in front of the equipment they installed to block the sound.

Now the small company has sold out to AT&T. In and out, in and out is all they have done.

My question is this: Does the water board have the authority to give just anyone permission to cross my property?

Here is how the easement reads:

Subject to: A 20.0 foot wide easement evenly off the northwest boundary for ingress and egress to the Union Grove Water Works Property.

Thats how it reads, not much to it.

Thank you,

Bennett

 

[TheGeekess]

What is the name of your state (only U.S. law)? Alabama

My wife and I live on 4 acres of land. 50 years ago her grandfather deeded the local water board half an acre to put a water tower on. He also gave the water board a 20 foot easement across 221 feet of our property. This 221 feet runs right by the part of the property we live on.

Eight years ago a small cell phone company rented space on the water tower to put up antennas. I ended up putting up a $10,000 metal building in front of the equipment they installed to block the sound.

Now the small company has sold out to AT&T. In and out, in and out is all they have done.

My question is this: Does the water board have the authority to give just anyone permission to cross my property?

Here is how the easement reads:

Subject to: A 20.0 foot wide easement evenly off the northwest boundary for ingress and egress to the Union Grove Water Works Property.

Thats how it reads, not much to it.

Thank you,

Bennett

Short answer: Yes.

 

[154NH773]

There are no restrictions on what the water company may do with their property, and therefore they have the right to rent to anyone they wish, for whatever lawful purpose.

As to the right-of-way, that is not quite as clear, but generally if the use (access for rental for cell-phone antennas) could be anticipated, or does not increase the burden unreasonably, then a court would probably allow it.

If you took the added burden to court you would probably lose, but only a court can determine that exactly.