First, landowners should read carefully, check and consult with a lawyer as part of the negotiation of any form of facilitation agreement. By inserting a limit on width in the original 1949 agreements, the parties could, on the whole, have avoided this dispute. The company submitted that there was no evidence of the landowners` assertion that the facilities were limited to 30 feet, and the only evidence to support this assertion is that it was used historically, which is extrinsic and inadmissible. Since the 1949 acts provided general relief but did not determine its scope, the company was “authorized to use as much [without reason] of the [owner]as reasonably necessary, when it was as unloaded as possible.” The court found that this 30″. The Tribunal rejected other previous decisions on which the company was based, in which facilitation agreements allowed for additional lines to be put in place in the future, and one in which the facilitation agreement explicitly allowed the line to be “moved”. Instead, the court said that “in general relief, once the place of relief is chosen by the fellow, his rights then become firm and secure.” Thus, once the company built and maintained its transmission lines, the rights became firm and safe. “The facility or priority [Southwestern Gas – Electric Company] is granted to an electrical transmission and distribution line consisting of a variable number of wires and all necessary or desirable features (including towers or pylons in wood, metal or other materials, telephone and telegraph wires, accessories and boys) on or near the location and along the general course that the company now has through that company. , above and in the wake of the countries described below. . With the right to enter through my (our) adjacent properties to or this priority right for construction purposes, rebuild, inspect, patrol, hang new wires, maintain and remove this line and the parties . .
. . None of the transportation documents contained a description of facilitation. None of the documents indicated a width of relief.