Legal Question in Real Estate Law in North Carolina

If our current 6.5 acre property was at one time part of a 105 acre farm in 1938 and in 1938 the electic power company notarized a signed documentation with the owners at that time stating that they have "...the right, privilege and easement to go in and upon that certain tract or lot of land situated in said County and State containing 105 acres and to construct, maintain and operate in, upon, and through said premises, in a proper manner, with poles, wires and other necessary apparatus and appliances, a line for the purpose of transmitting power by electricity, together with the right at all times to enter upon said premises for the purpose of inspecting said line and making necessary repairs and alterations theron...to have and to hold the aforesaid right, privilege and easement unto the electic company, it successors and assigns forever" , does this give the electic power company the right of way to intall 2 more poles beside the existing pole and a 16' platform about 20' high with 3 distribution voltage regulators located in the front corner of our property??? It is suppose to be done to make the power grid more efficient while enhancing quality of service for customers in the area. Thanks for your input


Asked on 2/01/12, 3:50 am

1 Answer from Attorneys
Melissa Brumback Ragsdale Liggett PLLC

Interesting question. I certainly think you have a valid argument that a 16' platform is not a pole, wire, or other "necessary apparatus/appliance". It's convenient for them and nice, but not truly necessary. Ultimately it would be a fight in court to determine. How much of an eyesore is it, and how much can you/are you willing to spend to fight the issue? I know that making an economic decision doesn't always seem equitable, but that's how you need to look at it. Short of litigation, a well-crafted demand for them to cease & desist might be in order, and /or some negotiation to make it less unsightly.

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Answered on 2/08/12, 10:20 am


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