Delaware Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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FAQ
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
In South Carolina, there are two general types of easements: expressed and implied. Express easements are written and created by contract, deed or another kind of writing. South Carolina has recognized easements by implication. There are different types of implied easements by necessity and by prior use.
Essentially, an easement is an agreement that a property owner makes with another party, generally in exchange for some form of compensation. Some easements allow other parties to use part of your land, such as for a road. Under other easements, the owner agrees not to do something on his or her land.
Distribution lines are usually on public right of way or utility easements. Usually the land is owned by the adjacent property owners and the power transmission company has an easement over the property to allow the property lines to exist, be monitored and maintained.
A transmission line usually is centered in the right-of-way. The width of a right-of-way depends on the voltage of the line and the height of the structures, but can be 75 to 150 feet or more depending on the type of facilities planned for or located on the right-of-way.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.