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Location: Lewis County Wa Power Line Easement Is My Only Access To Landlocked Property, Owner Of Neighboring Field Says I Can’t Use The Easement Road Under The Power Lines As I Am Trespassing

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The deed to my land refers back to the original recorded instrument from 1940 whereby the land was granted to the United States so that the Bonneville Power Administration could access and maintain power lines. It also refers to the public as having the rights to use the road. At least that’s how I read it (see number 2 below). It’s confusing in the last sentence where it uses the wording “except the rights of the public” This is raw land. I have 14.5 acres that I access by way of the utility road. We used to grow peas here but now all the fields are fallow. The adjacent land owner says I am trespassing. I’d like to sell it as it’s also riverfront property and great for homesteading. He says he has no interest in buying it, his only interest is in being difficult. I was told ‘together with’ is key in that it means the public and the BPA workers. I have asked the local title company to explain this (for $350) and they told me I was wrong that ‘public’ refers to the employees working on the power lines. I don’t know how the heck they got that, but it makes pursuing this in court tough since the title company is going to back the local ‘farmers’ and my family no longer lives there and my Dad has passed on. I’d like to hear other possible interpretations of the words in the original document, see below:

Said parcel of lend contains 4•40 sores, more or less. SUBJECT TO: 1. The lien of the 1941 taxes which the grentor agrees to pay and against which the grantor undertakes and agrees to indemnify and hold the grantee harmless. 2. The rights of the public in and to the county road known as No. 111 which extends across said property, together with any power lines, telegraph lines, or telephone lines existing therein.

The said easement herein granted is for the construction, operation, maintenance, repair, rebuilding and patrolling of one or more electric power transmission lines, and wires and appurtenances convenient thereto. The said grantee shall be entitled to maintain and keep the said parcel of land at all times free and clear of trees and brush and of all structurus or materials which interfere or create a hazard in connection with the said electric power transmission lines, and wires and appurtenances convenient thereto. The said grantee shall have the right to go upon the said parcel of land at any and all times for any of the foregoing purposes. TO HAVE AND TO HOLD the said easement unto the said UNITED STATES OF AMERICA and its assigns forever. The grantor covenants that she is lawfully seized and possessed of the lands and premises aforesaid, and has a good and lawful right to sell and convey the same; that the same are free and clear of all encumbrances, except as above noted, and that she will forever worrant and defend the title theroto against the lawful claims of all persons whomsoever, except the rights of the public in and to the county road known as No. 111 which extends across said property, togother with any power lines, telegraph lines, or telephone lines existing thereon

Location: Lewis County

submitted by /u/Accomplished_Baby916
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