Legal Question in Real Estate Law in Pennsylvania
Right of Way question
I have a Right of Way (ROW) that was signed by my grandparents in 1936 for electrical service. It�s in rural northeast Pennsylvania. In 2011, someone came in and ran a fiber optic cable along the electric poles. The terms of the ROW are old (like 80 years ago) and somewhat vague. The fiber optic cable has Level 3 Corporation�s name on it and has something to do with emergency management/911 and the current electrical company in First Energy.
�Together with the right to enter and erect, extend, inspect, operate, replace, repair, and perpetually maintain a line of poles with necessary wires, cross arms, guy wires, push braces and other usual fixtures and appurtenances it may be necessary for the convenient transaction of its business.�
a. Clearly, fiber optic was not an issue in 1936.
b. What does �necessary for the convenient transaction of its business� mean?
c. The original and current ROW owner is clearly an electric company.
d. There is a line of telephone poles on the other side of the road, thus all services are not combined.
1 Answer from Attorneys
Well is there something you wish to have done about the optic cables?
{John}