Grady v. Narragansett Elec. Co.

• Decision Date: 09 January 2009
• Docket Number: No. 2007-329-Appeal.,2007-329-Appeal.
• Citation: 962 A.2d 34
• Parties: Edward F. GRADY, III v. The NARRAGANSETT ELECTRIC COMPANY d/b/a National Grid.
• Court: Rhode Island Supreme Court

962 A.2d 34

Edward F. GRADY, III v. The NARRAGANSETT ELECTRIC COMPANY d/b/a National Grid.

No. 2007-329-Appeal.

Supreme Court of Rhode Island.

January 9, 2009.

Robert D. Wieck, Providence, for Plaintiff.

Robin L. Main, Providence, for Defendant.

Present: WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.

OPINION

Justice ROBINSON for the Court.

The plaintiff, Edward F. Grady, III, appeals from a Superior Court judgment in favor of the defendant, The Narragansett Electric Company,¹ with respect to a declaratory judgment action concerning that company's claimed easement over the plaintiff's property located in North Kingstown. The trial justice denied the plaintiff's request for declaratory relief; he determined that the plaintiff's development plans for the property would unreasonably interfere with the defendant's easement rights. The plaintiff filed a timely notice of appeal.

This case came before the Supreme Court on October 27, 2008 pursuant to an order directing the parties to show cause as to why the issues raised in this appeal should not be summarily decided. After hearing the arguments of counsel and examining the record and the memoranda filed by the parties, we are of the opinion that cause has not been shown. Because we hold that, pursuant to the express terms of the recorded document that creates the easement, the original easement granted to Narragansett Electric Lighting Company (the predecessor in interest of The Narragansett Electric Company) was freely assignable and also granted Narragansett Electric Lighting Company and its successors and assigns expansive rights to use the easement for electrical distribution purposes, we affirm the judgment of the Superior Court.

Facts and Travel

On December 16, 2004, plaintiff purchased by warranty deed a parcel of land situated at 7760 Post Road in North Kingstown; said parcel of land is subject to easements of record. The defendant, Narragansett Electric, which claims an easement over a portion of plaintiff's Post Road parcel, is a public utility corporation organized pursuant to a special act of the General Assembly; it is currently in good standing under Rhode Island law.

The plaintiff, prior to purchasing the Post Road parcel, sought permission from Narragansett Electric to construct a car wash on the parcel; part of the proposed car wash would lie within Narragansett Electric's claimed easement. After Narragansett Electric declined to consent to his proposal, plaintiff brought a declaratory judgment action pursuant to the Uniform Declaratory Judgments Act, G.L. 1956 Chapter 30 of title 9, in the Superior Court for Washington County; plaintiff sought a declaration stating (1) that his proposed car wash would not interfere with defendant's use of its easement (count one) and (2) that defendant may access its easement only through the Sea View Railroad corridor and not laterally through Post Road (count two). A nonjury trial was held on November 6, 16, and 21, 2006.

To understand the origins and nature of the easement at issue in this case, it is necessary to examine certain pertinent historical facts. From early in the twentieth century until approximately 1920, the Sea View Railroad ("Railroad") operated a twenty-two mile trolley line running between the town of East Greenwich and the village of Wakefield in the town of South Kingstown. During the process of land acquisition by the Railroad, it acquired a sixty-six-foot wide tract of land that ran through the Babbitt Farm in the town of North Kingstown; that tract of land became known as the "Babbitt Corridor." A portion of the Babbitt Corridor makes up part of plaintiff's Post Road property.

At trial, Joseph Nottie, a title attorney, testified about his examination of the title for the Post Road parcel. On April 15, 1921, the Railroad's assets were sold at public auction after the Railroad had defaulted on its mortgage. Nathaniel T. Bacon acquired the Sea View Railroad Corridor (including the Babbitt Corridor) at that auction; a copy of the deed reflecting that acquisition was recorded in the Land Evidence Records of the town of North Kingstown in Book 52, pages 181-182. Subsequently, on August 29, 1921, Mr. Bacon granted an easement over the former Sea View Railroad Corridor to the Narragansett Electric Lighting Company. This easement was recorded on August 30, 1921 in the Land Evidence Records of the town of North Kingstown in Book 52, page 180.

The following language from that recorded document sets forth in pertinent part what Mr. Bacon granted to Narragansett Electric Lighting Company and (significantly) "its successors and assigns, forever" in August of 1921:

"An easement for the perpetual right to erect, maintain, operate and patrol upon and over the right of way and location formerly of the Sea View Railroad in the State of Rhode Island following the general lines where the poles and wires of said Grantee are now located * * *.

"* * * For a more particular description, reference may be had to a plan of 26 sheets entitled `Plan of portion of Right of Way of the Sea View Railroad, to accompany deed of Nathaniel T. Bacon to the Narragansett Electric Lighting Company. Scale one hundred feet to the inch. August 1921.' which is made a part of this conveyance and such portion of said plan being recorded in the land records of the several towns, as pertain thereto, this easement conveying a single or double line of poles or a single line of towers, or both or conduits underground with the wires or cables thereon or therein, which lines may be erected simultaneously or at any future time, and with other appliances and with necessary poles and guys or other supports for the transmission and distribution of electric power * * *." (Emphases added.)

By its terms, the easement also (1) grants Narragansett Electric Lighting Company the right to remove obstructions in or adjacent to the location and (2) reserves for the grantor the right of cultivation, provided that such cultivation does not interfere with the rights granted by the easement. It is further stated that, "said rights and easements shall extend over the whole right of way and location of said Sea View Railroad Co., so called, as shown on said plan."

On November 29, 1927, Narragansett Electric Lighting Company conveyed its real property interests to United Electric Power Company by a common master deed in accordance with an amendment to its legislative charter.² The master deed was recorded in the Land Evidence Records of the town of North Kingstown; it specifically identifies the August 29, 1921 easement from Mr. Bacon to Narragansett Electric Lighting Company. However, the master deed incorrectly identifies the page number of the book in which the easement is recorded in the town's Land Evidence Records. The master deed identifies the page number as 181, but the easement is actually recorded at page 180.

Michael DiNezza, who oversees defendant's real estate interests in Rhode Island, testified at trial that Jeffrey Campopiano, an engineer working on behalf of plaintiff, contacted him in the Summer of 2004 with respect to the easement over the Post Road parcel and asked for Narragansett Electric's consent in connection with plaintiff's plan to build a car wash structure on the Post Road parcel; the proposed car wash would partly involve land affected by the easement. Mr. DiNezza testified that he told Mr. Campopiano that Narragansett Electric did not allow structures within its easements, but he nonetheless invited him to send detailed plans for the company to review.

Both Mr. DiNezza and Mr. Campopiano testified that detailed plans for the car wash were sent to Narragansett Electric in October of 2004. (Notably, this occurred prior to plaintiff's purchase of the Post Road parcel in December of 2004.) Mr. DiNezza also testified that on the October 2004 plans the easement was depicted as being only fifteen feet wide. He testified that he rechecked the twenty-six maps that are referenced in the easement, and he determined that the easement is actually sixty-six feet wide. Both Mr. DiNezza and Mr. Campopiano testified that in February of 2005, Mr. DiNezza responded to plaintiff regarding the October 2004 plans; he provided him with the above-mentioned information about the width of the easement, he requested that the plans be revised to show the correct width, and he indicated that the proposed structure should not lie within the easement.

Mr. DiNezza further testified that he and the President of Narragansett Electric met with plaintiff in March of 2005 about the easement issue and that in May of that year he met with plaintiff once again. In September of 2005, according to both Mr. DiNezza's and Mr. Campopiano's trial testimony, plaintiff submitted revised plans for the proposed car wash. Mr. DiNezza testified that, in November of 2005, he sent a letter to plaintiff stating that defendant did not consent to the proposed car wash. He further testified that at no time has Narragansett Electric ever consented to plaintiff's plans regarding the car wash that he proposed to build on the Post Road parcel.

Mr. DiNezza also testified concerning Narragansett Electric's present use of the easement. He acknowledged that, at the time of his testimony, there was only a single transmission line and a single utility pole located within the easement on plaintiff's Post Road parcel. However, he also testified that he did not believe that the easement limited the company to this single transmission line and utility pole; he explained that the easement permits defendant to erect towers and a double line of poles and to lay underground conduits. He also acknowledged that there is an existing building located on the Post Road parcel and that this building physically encroaches on the easement; however, he added that, to his knowledge, Narragansett Electric had not consented to the presence of that building within the...