Great Lakes Gas Transmission Co. v. MacDonald

In 1967, plaintiff and defendants’ predecessors in title entered into and recorded an agreement giving plaintiff an easement and right of way over defendants’ property. Under the terms of the agreement, plaintiff would be given the right to construct and maintain a gas pipe line or pipe lines in return for its promises to pay $159 for each pipe line and to undertake various measures to minimize the inconvenience and cover the damages caused by its operations. In 1990, plaintiff decided to lay a second pipe line across defendants’ property and tendered more than double the amount owed under…