South Carolina General Easement for Utilities

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Multi-State
Control #:
US-EAS-34
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Description

A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

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. What Can You Do to Save Your Easement from Destruction? kloklaw.com ? what-can-you-do-to-save-your-eas... kloklaw.com ? what-can-you-do-to-save-your-eas...

(2) Where provided along side or rear lot lines, utility easements shall be not less than 20 feet in width.

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). What is a Utility Easement? | Anaheim, CA - Official Website anaheim.net ? Utility-Easements anaheim.net ? Utility-Easements

Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.

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.

After an easement is closed, it is deed stamped and recorded with the county and becomes permanently ?attached? to the deed of ownership. The easement will not affect ownership of the property, but it will transfer with the deed to all future owners.

Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common. What is a standard easement width? - Legal Answers - Avvo avvo.com ? legal-answers ? what-is-a-standa... avvo.com ? legal-answers ? what-is-a-standa...

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South Carolina General Easement for Utilities