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  1. #1

    Default Transmission Line Easement or Lack There of

    My question involves real estate located in the State of: North Carolina.

    Ok this could get a little complicated but I am trying to figure out how to proceed. We purchased a property in 2016 knowing that there was a right of way on the property for a Power Companies Transmission lines, (20x20x88' tower 50,000 KVA Lines) On the deeds we are able to locate WE being Myself, our title insurance company, as well as two real estate attorneys, the only deed applicable to these lines states as follows :

    to construct, maintain, and operate in, upon, and through said premises, in a proper manner, with poles, wires and other necessary apparatus and appliances, a line for transmitting power by electricity and for telephone purposes, together with the right at all times to enter said premises for the purpose of inspecting said line and making necessary repairs and alterations theron, together with the right at all time s to cut away and keep clear of said line all trees and other obstructions that may, in any way, endanger the proper maintenance and operation of the same, also including the right to relocate said line over said premises to conform to any future highway relocation, widening or improvement.

    Now here is where I have an issue... The deed for my property does not mention that there is an easement, the deed above does not mention it as an easement as it is does not have a locating factor, a width or length, nor does it list any restrictions of the usage of the property it only states it as a right of way or a right to access, but when the Plat for my neighborhood was created in 1995 the surveyor added this onto the Plat as a 68' Right of way/easement for the power company, so the county is now saying they go by the plat. not the deed for the property and that I am not allowed to utilize my property for my benifet. ( this is a 68' wide strip 135' long so we are taliking about 9,180 sq foot of my 28,352sq foot property. I am wanting to add 3,000 sq foot of outdoor space to the back of my home and this is seriously interfering with my plans... I have contacted the Asset Protection Division of the Power Company and I am waiting to see if their realtors can find any additional information on this or if they can send me a certified waiver of the easement due to them not having it recorded with the state. Can anyone please give me anymore thoughts of what I can do on this?????

  2. #2
    Join Date
    Nov 2013

    Default Re: Transmission Line Easement or Lack There of

    The fact that the easement grant was found in one deed in the chain of title is sufficient to establish the easement. Not all deeds in the chain of title have to recite the grant. It must be obvious that in 1995 the surveyor that created the plat for the subdivision found the/a recorded easement that specified the metes and bounds description of the easement and incorporated into the plat. That plat was likely recorded. That plat now controls.

    You could contact the surveying company if they are still in existence and ask what was the basis for incorporating the easement into the plat.

    or if they can send me a certified waiver of the easement due to them not having it recorded with the state.
    I'm not sure what you mean by a certified waiver of the easement. But if you mean that they will somehow abandoned the easement, that will not happen. What might happen is that they will allow you to develop your property as long as it doesn't impede the their use of the easement.

  3. #3

    Default Re: Transmission Line Easement or Lack There of

    Ok, So I have heard back from the Energy company at this point and they sent me all the paperwork that has to deal with the right of way. I questioned them on the paperwork that they sent me because of the two separate "lines" running through the area side by side. The documentation from the smaller of the two lines does show that they have a 60' right of way and easement on the property.... The set of lines running along the back of my property does not have any deminsions. I questioned the guy from asset protection on this and he said ohh its a standard 68'. We have the right to change it and here is the most current restrictions of use from May of 2020... This does not seem right to me... So they have a right of access,,, that they can change to suit them at any time for any reason and this is legal????? I could understand if the paperwork was worded and correct as for the smaller line that says they have a 60' right of way centered below the lines. that does not offend me at all and sounds legit... but for them to say that it is 68' because it is what they normally do but yet they do not have it in writing and they can tell me what I can do at any given time without reason does not sound right to me... I feel as if I need to contact an attourney on this matter but I do not even know what type of attorney I should consult with.

  4. #4
    Join Date
    Nov 2013

    Default Re: Transmission Line Easement or Lack There of

    You consult with an attorney that deals with land use law and litigates easement law.

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