In North Carolina, a utility easement refers to a legal right granted to utility companies or municipalities to access and maintain electric lines and its associated infrastructure on a property owner's land. This easement allows utility companies to install, operate, repair, and maintain their equipment, including power lines, transformers, poles, and related appurtenances. The North Carolina Utility Easement (Electric Lines and Appurtenances) provides utility companies with the authority to access and use a specific portion of private property for the purpose of providing electricity to homes, businesses, and other end users. These easements are essential for ensuring the reliable delivery of electricity to communities across the state while allowing property owners to continue using their land for various purposes. There are several types of utility easements related to electric lines and appurtenances in North Carolina, including: 1. Primary Easements: These easements allow utility companies to install high-voltage transmission lines that carry electricity over long distances. Primary easements are typically wider and encompass a larger area to accommodate the larger equipment required to transmit electricity at higher voltages. 2. Secondary Easements: These easements are more common and involve distribution lines that deliver electricity from substations to residential and commercial properties. Secondary easements usually extend from the primary easements and are narrower. 3. Distribution Transformer Easements: Utility companies may also utilize specific areas on private properties for installing transformers, which step down the electricity voltage from the distribution lines to levels suitable for individual properties. These transformer easements ensure efficient and reliable electricity delivery to customers. It's important to note that utility easements are legally binding agreements between property owners and utility companies or municipalities. These agreements typically outline the rights and responsibilities of both parties, including maintenance requirements, access restrictions, and any compensation obligations. Property owners should carefully review and understand the terms of the easements before agreeing to them, as they may impact property use and development plans. If you own property in North Carolina, it's prudent to consult with a qualified real estate attorney or contact the utility company for further information regarding specific utility easements that may affect your land.
North Carolina Utility Easement (Electric Lines and Appurtenances)
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FAQ
Generally, the owner of any easement has a duty to maintain the easement.
An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.
The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.
Utility easements include the right to maintain or work on the utility. Provided they're working only in the easement area, a utility company does not need permission to work on your property ? including digging in your yard.
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 owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
