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?????