Oaks, the owner of Blackacre, conveyed a rightof-way to United Utility "for the underground transportation of gas by pipeline, the location of right-of-way to be mutually agreed upon by Oaks and United Utility." United Utility then installed a six-inch pipeline at a location selected by it and not objected to by Oaks. Two years later, United Utility advised Oaks of its intention to install an additional six-inch pipeline parallel to and three feet laterally from the original pipeline. In an appropriate action, Oaks sought a declaration that United Utility has no right to install the second pipeline. If Oaks prevails, it will be because
any right implied to expand the original use of the right-of-way creates an interest that violates the Rule Against Perpetuities. the original installation by United Utility defined the scope of the easement. Oaks did not expressly agree to the location of the right-of-way. the assertion of the right to install an additional pipeline constitutes inverse condemnation.