South Carolina Electric Line Easement and Right of Way
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FAQ
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.
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.
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.
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.
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.
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.
(2) Where provided along side or rear lot lines, utility easements shall be not less than 20 feet in width.