Higdon v. Kentucky Gas Transmission Corporation

DAVIS, Commissioner.

At issue on this appeal is the construction of an instrument creating a pipeline right-of-way easement and whether appellant’s use of the surface near the buried pipeline constitutes an unreasonable burden upon the easement. The trial court adjudged the reasonable and proper width of the easement to be thirty feet and permanently enjoined the appellant from maintaining a concrete pad within the area encompassed in that thirty-foot strip. This appeal challenges the propriety of the trial court’s rulings.

In 1908 appellant’s predecessor in title granted an easement to…