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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111650
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have recently discovered there is a distribution power

Customer Question

I have recently discovered there is a distribution power line from Duke energy running across my property carrying 12,000 to 20,000 volts coming to within 5 feet of the corner of my house. There is no easement on my deed or my title insurance from when I bought the property in 1989. Duke is saying it was covered by a Blanket easement granted when the property was originally subdivided in 1971.This blanket easement covers a installation of the original power lines covering our community of some 1300 homes. It is very vague as to location showing boundaries of north SC 49 east water of lake wylie, south cresent land and timber west cresent land and timber. I feel I should be compensated for this as I now have to declare it when I sell the house. What is the legality of blanket easements.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Utility easements are typically a blanket easement granting a utility company the right to access the land as necessary to install equipment. If they have an installed line, you cannot force them to move it and if it has been in place for more than 20 years, they have acquired rights to the easement and no compensation is able to be sought. When they first established the easement, the land owner could have sought compensation for the use of the land, but as a subsequent owner, if the pole has been in place I am sorry to say they have acquired a utility easement by prescription (like adverse possession), which is what they are claiming now and no compensation would be due as it has been in place more than 20 years.

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