Richard Richardson began building a garage on a section of his property encumbered by an easement owned by Georgia Power. The company sued Richardson, seeking injunctive relief from the encroachment and attorney fees for bad faith and stubborn litigiousness. Following discovery, both parties moved for summary judgment, and the trial court granted it to Georgia Power as to the encroachment issue. Richardson appeals, contending the trial court erred in holding that Richardson’s garage was not permitted by the easement. For the reasons that follow, we affirm. In 1955, Georgia Power acquired by condemnation a 100-foot wide utility easement, which encumbers a portion of Richardson’s property. The easement, which was recorded, gives the company “the continuous right from time to time to go in and . . . construct, erect, install, operate, maintain, inspect, reconstruct, repair, rebuilt, renew and replace” towers, frames, and poles, among other things. It also gives the company the right “to clear, keep clear and to remove . . . all undergrowth, trees and other obstructions, objects and structures” from the easement. Finally, the easement provides: the land between the towers, frames and poles may be used by the owners of said land . . . for agricultural or roadway or other purposes, provided such use is not inconsistent with the rights sought to be condemned and . . . does not interfere with . . . the the towers, frames, poles, wires, lines, and the construction, erection, installation, maintenance, inspection, reconstruction, repairing, renewal, replacement and the rebuilding of the structures. A 115,000 volt transmission line runs through the easement.
Richardson bought the property in 2006, and his warranty deed notes that the property is subject to “general utility easements of record.” He obtained a building permit and began building a garage on that portion of his property subject to the easement, but before he finished, a right of way specialist with Georgia Power asked him to remove the structure because it encroached on the easement. Richardson declined to do so, contending that the structure does not interfere with Georgia Power’s use, and this suit followed.
