Burgess v. Alabama Power Co.

BUTTS, Justice.

This appeal arises from an action filed by J. Thomas Burgess alleging that Alabama Power Company had trespassed onto his property.1

Years before Burgess acquired the property, M. Denton, Burgess’s predecessor in interest, conveyed to Alabama Power a 50-foot easement for a transmission line right-of-way and an easement for ingress to and egress from the right-of-way. The deed noted that *436the 50-foot easement was located in that portion of the property lying in Section 5. The easement was described as follows:

“[T]he right to construct, operate and maintain electric transmission…