Title: Power Line on Your Land: What It Means When You Sell | FOUND Description: A transmission line across your land belongs to the utility, not to you. What the easement grants, what you keep, and why you cannot sell power with the land. Canonical: https://lotsfound.com/insights/power-line-on-your-land/ # A power line on your land: what it does and does not mean when you sell A power line across your land is the utility's equipment inside an easement the utility holds. You sell the land under it. You do not own, control, or sell the line, its electricity, or its capacity. [Talk about your land](/who-we-serve/landowners/) In this article 1. [Who owns the line on your land](#who-owns-the-line-on-your-land) 2. [What a recorded easement grants and what you keep](#what-a-recorded-easement-grants-and-what-you-keep) 3. [What a building permit does not change](#what-a-building-permit-does-not-change) 4. [Why you cannot sell power or capacity with the land](#why-you-cannot-sell-power-or-capacity-with-the-land) 5. [Why a line nearby says nothing a buyer can rely on](#why-a-line-nearby-says-nothing-a-buyer-can-rely-on) 6. [What to gather and who answers](#what-to-gather-and-who-answers) 7. [Key recap](#key-recap) 8. [Questions](#questions) 9. [References](#references) > **Quick summary:** This guide corrects a common belief among North Carolina landowners: that a transmission line across the land makes it a data-center site, and that the owner can sell power or capacity with the land. It is for owners who plan to sell land that a line crosses. The key point: the line, its electricity, and its capacity belong to the utility and its regulators. You sell the ground under it, subject to the easement. ## Who owns the line on your land The utility owns and operates the line, the poles or towers, and the equipment on them. You own the land. The utility holds an easement, a recorded right to use part of your land for its equipment. North Carolina law defines the business by that ownership. Under [N.C. Gen. Stat. § 62-3](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-3.html), a public utility is a person that owns or operates equipment or facilities for transmitting or furnishing electricity to the public for pay. The owner of the ground under the line is not that person. So the line is not an asset you hold. It is a right someone else holds over your land. A sale moves your title to the buyer. It moves the burden of the easement with it. ## What a recorded easement grants and what you keep A recorded easement grants the utility the rights its document states, and you keep the rights of ownership the document does not give away. You keep title. What you may do inside the strip depends on the written terms of the grant, not on a general rule. North Carolina requires the holder of a right-of-way or easement deed to record it with the register of deeds where the land lies. Under [N.C. Gen. Stat. § 47-27](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47/GS_47-27.html), an easement is valid against a later purchaser for value from its registration. A recorded easement binds the next owner of your land. Read the whole grant, not only the description of the strip. A grant can give the utility rights beyond the line itself. Those terms pass to the buyer with the land. For how easements arise and how they cut usable acreage, see [Utility easements: what they allow and how they shrink usable land](/insights/utility-easement/) and [Right-of-way vs easement: what the difference means for land](/insights/right-of-way-vs-easement/). ## What a building permit does not change A county or city building permit does not change the terms of a recorded easement. [N.C. Gen. Stat. § 160D-1110](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_160D/GS_160D-1110.html) requires the permits that the State Building Code and other state or local laws call for before construction starts. The statute does not make a permit a release of a private easement. Two separate questions apply to anything you place in the strip: - **The permit question.** Does the work meet the building code and the local rules? The local inspections department answers. - **The easement question.** Does the recorded grant allow the work? The utility that holds the easement and your attorney answer. Ask the utility in writing before you build, grade, or place anything in the strip. A North Carolina real estate attorney reads your grant and tells you what it allows. > **The short version:** The line belongs to the utility. The recorded grant decides what anyone may do in the strip, including the next owner. A buyer inherits the easement, not the line. ## Why you cannot sell power or capacity with the land You cannot sell power or capacity with the land, because neither belongs to you. State law treats a business that furnishes electricity to the public for pay as a public utility under the Utilities Commission. A landowner is not one. The definition in [N.C. Gen. Stat. § 62-3](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-3.html) has exceptions. It excludes municipalities, counties, and electric membership corporations from the term "public utility". Outside city limits, [N.C. Gen. Stat. § 62-110.2](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-110.2.html) sets service rights for electric suppliers, which include public utilities and electric membership corporations, and lets the Commission assign service areas. The utility franchise rule applies to the public utilities. Under [N.C. Gen. Stat. § 62-110](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-110.html), a public utility may not build, operate, or acquire a utility system without a certificate of public convenience and necessity from the Commission. A deed of land does not carry such a certificate. A North Carolina attorney who practices before the Utilities Commission answers questions about a specific arrangement. Federal law applies to the transmission of electricity in interstate commerce. Under [16 U.S.C. § 824](https://www.govinfo.gov/content/pkg/USCODE-2023-title16/html/USCODE-2023-title16-chap12-subchapII-sec824.htm), the Federal Energy Regulatory Commission has jurisdiction over the facilities for that transmission. The owner of the ground under a line has no role in that jurisdiction. ## Why a line nearby says nothing a buyer can rely on A line on or near your land tells a buyer where a line runs. It does not tell the buyer whether the utility can serve a new load there, on what terms, or when. Only the utility answers that, in writing. See [A substation next door is not power](/insights/power-proximity-is-not-capacity/). The power to build lines belongs to the line builder, not to the landowner. Under [N.C. Gen. Stat. § 40A-3](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_40A/GS_40A-3.html), private condemnors may take property by eminent domain for electric power lines and substations. See [Eminent domain in North Carolina: when the government takes land](/insights/eminent-domain-north-carolina/). > **Take action:** Before you describe the line to anyone, gather the recorded easement, the plat, and the title work, and ask a professional to read them with you. Start with [Is your land a data-center site?](/who-we-serve/landowners/) ## What to gather and who answers You answer questions about the line with documents, not with the line's presence. Gather these before you list or sign: - **The recorded easement.** The grant, or the condemnation decree, from the register of deeds or the court record. See [Title search for land: what it finds and who does it](/insights/title-search-for-land/). - **The plat and any survey.** They show where the strip runs, where the documents let a surveyor place it. - **Any written consent.** A letter or agreement from the utility about something already in the strip. Then name the right professional for each question. A North Carolina real estate attorney reads the easement and the contract. A licensed land surveyor locates the strip. The utility's right-of-way office answers in writing what it permits. A licensed appraiser addresses the easement's effect on value. See [Land appraisal: how an appraiser values vacant land](/insights/land-appraisal/). FOUND reads the public record and names the professional who answers. For how a sale to a data-center buyer runs, see [How to sell land to a data center](/insights/how-to-sell-land-to-a-data-center/). ## Key recap - The utility owns and operates the line. You own the land, subject to the utility's recorded easement. - A recorded easement is valid against later purchasers. The buyer takes the land subject to its written terms. - The grant's terms decide what you may build in the strip. A building permit does not change them. - You cannot sell power or capacity. State law treats a business that furnishes electricity to the public for pay as a public utility under the Utilities Commission. A landowner is not one. - A line nearby shows where a line runs, not whether the utility can serve a buyer. The utility answers that in writing. ## Questions ### Does a transmission line across my land make it a data-center site? No. A line shows where the utility has equipment. Whether the utility can serve a new user there is a question only the utility answers, in writing. ### Can I charge a buyer for access to the power line? No. The line, its electricity, and its capacity belong to the utility. A North Carolina attorney who practices before the Utilities Commission answers questions about a specific arrangement. ### Does the easement end when I sell? No. Under § 47-27, a recorded easement is valid against a later purchaser for value. A North Carolina real estate attorney reads your grant and confirms its terms. ### Can a buyer get the utility's permission to build in the strip? That depends on the grant and on the utility. The buyer asks the utility in writing, and a North Carolina real estate attorney reads the grant before anyone builds. ## References Primary sources cited on this page, in APA style. - 16 U.S.C. § 824 (2023). [https://www.govinfo.gov/content/pkg/USCODE-2023-title16/html/USCODE-2023-title16-chap12-subchapII-sec824.htm](https://www.govinfo.gov/content/pkg/USCODE-2023-title16/html/USCODE-2023-title16-chap12-subchapII-sec824.htm) - N.C. Gen. Stat. § 160D-1110 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_160D/GS_160D-1110.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_160D/GS_160D-1110.html) - N.C. Gen. Stat. § 40A-3 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_40A/GS_40A-3.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_40A/GS_40A-3.html) - N.C. Gen. Stat. § 47-27 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47/GS_47-27.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47/GS_47-27.html) - N.C. Gen. Stat. § 62-110 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-110.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-110.html) - N.C. Gen. Stat. § 62-110.2 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-110.2.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-110.2.html) - N.C. Gen. Stat. § 62-3 (2025). [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-3.html](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_62/GS_62-3.html) ## Selling land - [Is your land a data-center site?](/who-we-serve/landowners/) - [How to sell land to a data center](/insights/how-to-sell-land-to-a-data-center/) - [What makes land attractive to a data-center buyer](/insights/what-makes-land-attractive-to-data-center-buyers/) - [Selling farm or timber land for development](/insights/selling-farm-or-timber-land-for-development/) - [How much is an acre of land?](/insights/how-much-is-an-acre-of-land/) - [What is land assemblage?](/insights/what-is-land-assemblage/) - [What is a ground lease?](/insights/ground-lease/) - [How an option to purchase land works](/insights/option-to-purchase-land/) - [What is in a land purchase agreement?](/insights/land-purchase-agreement/) - [The due diligence fee in North Carolina](/insights/due-diligence-fee-north-carolina/) - [What is heirs property?](/insights/heirs-property/) - [North Carolina tobacco land: what changed and where it goes now](/insights/north-carolina-tobacco-land/) - [What is taking North Carolina farmland?](/insights/north-carolina-farmland-loss/) - [Land contract: how an installment sale of land works](/insights/land-contract/) - [Owner financing land: how a seller carries the note](/insights/owner-financing-land/) - [Land appraisal: how an appraiser values vacant land](/insights/land-appraisal/) - [Mineral rights: who owns what is under the land](/insights/mineral-rights/) - [Present-use value in North Carolina: farm and forest land taxes](/insights/present-use-value-north-carolina/) - [Recreational and hunting land: what to check before you buy](/insights/recreational-land/) - [How to sell timber: cruises, bids, and the timber contract](/insights/how-to-sell-timber/) - [Solar farm leases: what a landowner signs](/insights/solar-farm-lease/) - [Cell tower leases: what a ground lease for a tower covers](/insights/cell-tower-lease/) - [Farm leases in North Carolina: renting cropland and pasture](/insights/farm-lease/) - [Cemeteries on private land in North Carolina](/insights/cemetery-on-private-property/) - [Right of first refusal on land: what it binds](/insights/right-of-first-refusal/) - [Selling inherited land in North Carolina](/insights/selling-inherited-land-north-carolina/) - [Land transfer tax in North Carolina: the excise tax on deeds](/insights/land-transfer-tax-north-carolina/) - [Hunting lease agreements: what a landowner puts in writing](/insights/hunting-lease-agreement/) - [Voluntary agricultural districts in North Carolina](/insights/voluntary-agricultural-district/) - [Unsolicited offers to buy your land: what to check before you answer](/insights/unsolicited-offers-to-buy-land/) - [Will a data center nearby raise your land's tax value? What North Carolina law says](/insights/data-center-and-land-tax-value/) - [Is every rural tract worth data-center money? How land value is set](/insights/is-land-worth-data-center-money/) Send the requirements. We reply with how we would run the search. [Talk about your land](/who-we-serve/landowners/) ## Tell us what the project needs Load, acreage, counties, and timeline. We reply with how we would run the search and where we would start. [Start a site search](/contact/) [Try the calculators](/tools/) Transactions are handled through a licensed North Carolina real estate brokerage.