South Carolina Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes

State:
Multi-State
Control #:
US-OG-651
Format:
Word; 
Rich Text
Instant download

Description

This form is used to when the Grantor amends the Easement to allow Grantee and its successors the right to make use of the Easement for any purpose, in addition to the purposes for which it was originally granted, including the right to make use of the Easement for laying lines, wires, and cables for telecommunication purposes, and as long as the Easement, as originally granted and now amended, is still in use, it shall remain and stay in full force and effect.

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FAQ

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. This works very well when there is a single property using the easement.

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.

A right of way is a type of easement or agreement that grants a utility the right to use, access or transit a piece of property ing to the terms of the easement.

To establish a prescriptive easement, there must be continued and uninterrupted use or enjoyment of the right for a period of twenty years, identity of the thing enjoyed must be proven, and use must be adverse or under claim of right. Horry County v. Laychur, 315 S.C.

To establish a prescriptive easement, there must be continued and uninterrupted use or enjoyment of the right for a period of twenty years, identity of the thing enjoyed must be proven, and use must be adverse or under claim of right. Horry County v. Laychur, 315 S.C.

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.

Title 58 - Public Utilities, Services and Carriers. CHAPTER 9 - TELEPHONE, TELEGRAPH AND EXPRESS COMPANIES. SECTION 58-9-280. Certificate of public convenience and necessity shall be obtained prior to construction, operation or extension of plant or system; exceptions.

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 9, TITLE 58 SO AS TO CREATE THE "BROADBAND ACCESSIBILITY ACT", TO, AMONG OTHER THINGS, SET FORTH THE BROADBAND AUTHORITY OF ELECTRIC COOPERATIVES AND TO SET FORTH THE MANNER IN WHICH BROADBAND NETWORKS ARE CONSTRUCTED; TO AMEND ...

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South Carolina Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes