South Carolina Utility Easement (Electric Lines)
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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.
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.
(2) Where provided along side or rear lot lines, utility easements shall be not less than 20 feet in width.
A conservation easement is a legal agreement used to permanently protect a property from residential and commercial development. In legal terms, it is the granting of the conservation values of a property to a land trust so that they may protect and steward those values along with the landowner.
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.
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.
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.
