A prescriptive easement in my state (MT) is defined as:
"A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years."
Question is in relation to overhead power lines that are very old and is 2 fold:
What right in exact footage does this grant? Or, is this basically up to the power company to make a statement about what is reasonable / normal for them? I can find no case law where it was challenged, and so am unsure. The power company does have a statement that they "require a 10 foot right of way." With lack of an actual written easement (prescriptive only), would this apply just cause - it's their rule as printed?
Would my pedestal (ok, really the power company owns it, not me) qualify for me to have access to it (for the purpose of turning my power on/off etc) under this prescriptive easement? Note: My home and pedestal have only been here for 2 years.
I'm assuming all of this would need case law/for someone to challenge it, specifically in my state. Is this mostly correct? In lieu of that, maybe I don't sweat it / assume i'm good with my pedestal where it is and my access to it till someone challenges, and then after 3 more years the prescriptive easement takes over anyway?