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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mother lives in South Carolina and she and my late father

Customer Question

My mother lives in South Carolina and she and my late father bought some propety around 1965. Around that same time the same previous land owner agreed to give the local Electric Cooperative the right of way to install power lines. Last summer the same Co-op decided to install some huge towers that are in my mother's front yard and effectively killed her property value.

We asked the Co-op to show documenatation that they had a representative sent their documentation which they got at an incredible deal. On a hunch we went to the local court house in Georgetown, SC and looked up the deed. The right of way that the Electric Co-op sent us was NOT Recorded at the courthouse, so does that negate their rigth of way? Please let me know your opinion when you get the chance.
Regards,
Avery Herriott
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

Was there a power line at this location when your mother and father purchased the property?

Customer: replied 5 years ago.

Hi Kirk,

 

From what I can see there was not at the time of purchase but the Co-op was able to get the right-away from Mr. Carr who owned the property. Also, my father did appear to sign the agreement as well and the only question Ihave is why the agreement was not recorded on the deed, as it has not.

 

Thanks,

 

Avery

Expert:  Roger replied 5 years ago.

The easement doesn't necessarily have to be mentioned on the deed. Also, it doesn't have to be recorded, although it should be. Unfortunately, if your father signed a right of way deed/agreement, there's not likely there's much he can do about it now.

 

However, the only thing he could claim is that the intended use for the easement is not what the utility is now trying to do with installing these new electrical devices.

Roger and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.

Thanks for your help.

Avery

Expert:  Roger replied 5 years ago.
Sure. Glad to help.

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