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Joiner v. Southwest Central Rural Electric Co-Operative Corporation

Denial of objections to petition for Appointment of Board of Viewers vacated because court interpreted the easement in question by reference to a section of the Third Restatement of Property, which has yet to be adopted in Pennsylvania.

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Argued: October 9, 2001

Southwest Central Rural Electric Co-Operative Corporation (Southwest Central) appeals from an order of the Court of Common Pleas of Cambria County (trial court) denying Southwest Central’s Preliminary Objections to Norma L. Joiner’s (Joiner) *fn1 Petition for Appointment of Board of Viewers.

On March 4, 1963, Paul and Lula Joiner, Joiner’s parents and predecessors in interest, executed a Grant of Easement and Right of Way to Barnes and Tucker granting “the perpetual right to construct, maintain, add to, repair, relocate, and patrol a line of four poles for the transmission of electricity. . . .” The easement, however, was never recorded. The easement was needed to provide electric power to a coal mine that Barnes and Tucker operated. *fn2 Pursuant to the easement, Barnes and Tucker cleared a right-of-way and installed poles and wire. When the coal mine closed, Barnes and Tucker ceased using its easement, the power lines were gone, the transmission poles had been sawed off, and substantial vegetative growth had been allowed. On February 13, 1988, Joiner acquired the property by deed without record notice of the easement.

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