History of Easements -- 1965 to 1979 in the La Senda and Canada
Way Neighborhoods
In a leading treatise on the subject, the authors state the
general rule regarding easements to be
“[w]hen precise language is employed to create an easement,
such terminology governs the extent of usage.” ;
Jon. W. Bruce and James W. Ely, Jr., THE LAW OF EASEMENTS AND LICENSES IN LAND
¶ 8.02[1], at 8-3 (rev. ed. 1995).
All easements in this dispute are PRIVATE easements, being granted from a private
owner of property to specific users of the property for specific purposes.
All easements in this dispute are NON-EXCLUSIVE easements, with the property owner
retaining control and use of the property unrestricted by the holder of the easement.
The holder of the easements may not EXCLUDE the property owner from the use of the
property, no matter what the use, as long as the property owner does not interfere
with the use granted to the easement holder.
Technical details of all easements discussed here are described and illustrated in
DETAILS OF EASEMENTS IN THE LA SENDA AND CANADA WAY NEIGHBORHOODS OF WHITE ROCK
(Brief "A-1").
EASEMENT NO. 13
In 1965, the A.E.C. filed a "Survey of White Rock" with the county clerk as
Doc No. 4710, Book 1, page 62 of the Plats. On page one
of this survey, the first mention of the easement for the power line is made:
"SPECIAL NOTE: Easements designated on the attached sheets, ... have been
granted by separate document and are shown herein for information."
The routing is shown on sheet two as the common boundary between tract "A"
and Tract "B", and is described on sheets 17 and 18 as "12ft. wide Easement
No. 13"
In 1967, in the "separate document" mentioned above, the A.E.C. granted a private,
non-exclusive easement to each of Public Service Company of New Mexico and Mountain
States Telephone and Telegraph Company to cross what are
now the Canada Way and La Senda neighborhoods. These were labeled "Easement 13".
LA SENDA DEVELOPMENT
In 1967 in a special warranty deed the United States of America conveyed
Tract "A" of the above survey subject to:
"Easement number 13, to construct, operate, maintain, repair, replace, relocate
and remove electric lines, facilities and appurtenances and telephone lines,
facilities and appurtenances, whether underground or overhead."
In May of 1971, The La Senda tract was re-platted as document 21326 in the county clerk's
office. The subject easement was described as "Public Service Company easement".
In July of 1971, The La Senda tract was re-platted as document 21786 in the county clerk's
office. The subject easement was described as "Public Service Company easement".
In 1974, the La Senda Tract A was again re-platted, with the 3-sheet plat being recorded
at the county clerks office on April 3 as Document number 28264, as page 82 of
Plat book 2.
The subject easement was again described as "Public Service Company easement"
In 1974, the La Senda Tract B was again re-platted, with the 3-sheet plat being recorded
at the county clerks office on June 26 as Document number 29088.
The subject easement was again described as "Public Service Company easement"
CANADA WAY DEVELOPMENT
In 1978, the adjoining property, which also includes easement 13, was subdivided by
Los Alamos County and filed on July 24, 1978, as Document No. 44695 in Plat Book 3,
Page 66. It identifies the easement as
"6' wide Easement No. 13", and declares that "Utility easements shown hereon are hereby
reserved to the County of Los Alamos, Mountain Bell, and Public Service Company of
N. M." This is a clear declaration of a private utility easement, not a public
utility easement. No easement has been granted, for instance, to the Gas Company
of New Mexico, which must therefore use the public easements, such as the streets.
In 1979, this adjoining property, also including easement 13, was subdivided by
Los Alamos County and filed on July 24, 1979, as Document No. 46872 in Plat Book 3,
Page 77. It identifies the easement as
"6' wide Utility Easement No. 13", and declares that "Utility easements shown hereon are
hereby reserved to the County of Los Alamos, Mountain Bell, and Public Service Company of
N. M." This is a clear declaration of a private utility easement, not a public
utility easement. No easement has been granted, for instance, to the Gas Company
of New Mexico, which must therefore use the public easements, such as the streets.
The next document is a clarification of the intentions of the signers of the
plat as recorded in the county clerk's office as Document Number 140384:
Clarifications of Intents for Easements to Property on Replat of La Senda Tract "A"
Exhibit A"
This above document reads in part:
"1. The equestrian easements are granted exclusively to persons on horseback and the
horses that accompany them and that are under the direct control and responsibility of
the rider. No equestrian easement grants a public right-of-way or easement.
No equestrian easement grants a public area. No equestrian easement grants a public way.
2. The bicycle easement is granted exclusively to persons riding bicycles. No bicycle
easement grants a public right-of-way or easement. No bicycle easement grants a public
area. No bicycle easement grants a public way.
3. The only public rights of way and easements are those designated as streets on the
replat.
4. The only public areas are those dedicated on the replat as parks and streets.
No pedestrian easement is granted on any lot.
5. The only utility easement granted by this replat is for access to the strip of property
bordering the streets and extending ten feet from the street into bordering lots.
6. The Public Service Company easement to property along the boundary between Tract A and
Tract B is granted only for electrical power transmission facilities. It does not grant
access to any other party or for any other use or purpose. It does not grant a utility
easement. It does not grant a public right of way or easement. It does not grant a public
way. It does not grant a public area. It is not subdivisible. It may not be subleased.
It is not granted to any party other than Public Service Company of New Mexico. It is not
granted for uses other than electrical power transmission.
7. The telephone easement to property along the boundary between Tract A and Tract B is
granted only for telephone facilities already established at the time of the filing of the
replat. It is granted only to Mountain Bell Telephone Company. It does not grant access
to any other party or for any other use or purpose. It does not grant a utility easement.
It does not grant a public right of way or easement. It does not grant a public area.
It is not subdivisible. It may not be subleased. It is not granted for uses other than
telephone circuits. Its use is restricted by Section 13 of county ordinance number 53 dated
August 8, 1966."
The next three documents are easements granted by individuals. These additional
easements were necessary because the plat did not grant access by PNM and the
Telephone Company to real estate outside of the ten foot wide strip adjacent
to the street. These affirm that the easements granted to PNM and the Telephone
company are strictly limited geographically to the ten-foot wide strip adjacent
to the streets, as described by the plat.
C0NCLUSIONS
The history of the easements in the Canada Way and La Senda Neighborhoods is well documented
in the County Clerk's records and in the records of the transactions of the developer and
the concerned County officials during the development of the neighborhoods.
All easements, including all utility easements, in the Canada Way and La Senda Neighborhoods
are private easements except for the parks and streets. No private easement has been granted
that allows the holder of the easement to subdivide or apportion that easement to additional
parties or for additional purposes. Any party seeking an easement to use the private property
must first obtain permission from the fee owner or seek condemnation under imminent domain.
Technical details of all easements discussed here are described and illustrated in
DETAILS OF EASEMENTS IN THE LA SENDA AND CANADA WAY NEIGHBORHOODS OF WHITE ROCK
(Brief "A-1").
A-8.EasementHistory.htm 23 May 02 Brief A-8