A property easement grants American Electric Power (AEP) certain legal rights to use a portion of property for electric transmission facilities. The area covered by that easement is known as the transmission right-of-way.


Easements vs. Rights-of-Way

Easement

An easement is a legal right that allows American Electric Power (AEP) to use a defined area of property for the construction, operation, inspection and maintenance of electric transmission lines.

Right-of-Way

The right-of-way is the specific area of land covered by the easement where transmission facilities are located and maintained.

Company representatives may access the right-of-way to inspect facilities, perform maintenance and conduct vegetation management as needed.


Working with Property Owners

AEP works with affected property owners throughout the process and seeks to balance landowners' concerns with the need for reliable electric infrastructure.

Topics discussed include:

  • Right-of-way width and location
  • Number and placement of structures
  • Structure design and height
  • Voltage of the transmission line
  • Construction and clearing practices
  • Right-of-way access requirements
  • Project schedule
  • Post construction restoration
  • Vegetation management practices
easement-propery-owners

Property Damage Compensation

Compensation for property damage associated with construction or maintenance activities is handled in accordance with applicable easement agreements, project requirements and company practices.


Interactive Guide: Understanding Rights-of-Way and Encroachments

Not all activities and structures are compatible with a transmission right-of-way. Explore the interactive experience below to learn what is allowed, what may be prohibited and why protecting the right-of-way is important for safety and reliability.

Explore the Tool arrow right icon

Prefer a text version? View the examples below.

What May Not Be Allowed

Common Encroachments

Structures

Homes, additions, decks, garages, sheds and barns

Property Features

Swimming pools, retention ponds, detention facilities and fuel storage facilities.

Objects

Billboards, antennas, playground equipment and fences that restrict access.

Vegetation

Trees and vegetation that interfere with transmission facilities.

Activities Requiring Prior AEP Approval:

Examples include:

  • Excavating near poles, towers or other facilities
  • Changing ground elevation
  • Installing utility crossings
  • Constructing roads or access crossings
  • Installing lighting poles or similar structures
  • Developing retention or detention facilities

Key Message

Any structure, object or activity that interferes with the safe operation, maintenance or access requirements of transmission facilities may be considered an encroachment and may need to be removed.

Generally Compatible Uses:

Many activities may be compatible with a transmission right-of-way, depending on the terms of the easement and site-specific conditions.

Examples include:

  • Lawns
  • Gardens
  • Open-space recreation
  • Agricultural row crops
  • Grazing livestock
  • Certain low-growing shrubs and ornamental plantings.

Easement Acquisition Process

Four-Step Timeline

Four-Step Timeline

AEP works directly with landowners throughout the process and seeks voluntary agreements whenever possible.

Eminent Domain

AEP's preference is to acquire easements through voluntary agreements with property owners. Approximately 98% of easement negotiations are completed successfully through this process. In limited circumstances, when a voluntary agreement cannot be reached, no reasonable alternative exists or ownership issues prevent acquisition through a traditional easement agreement, eminent domain may be considered. Eminent domain is a legal process established under federal and state law that allows property rights to be acquired for a public purpose, with property owners entitled to just compensation as determined through the legal process.

Frequently Asked Questions


What is the difference between an easement and a right-of-way?

An easement grants American Electric Power (AEP) certain legal rights to use a portion of a property for electric transmission facilities. The area covered by the easement is known as the transmission right-of-way.


Can I use land within a transmission right-of-way?

In many cases, yes. Property owners generally retain ownership of the land and may continue to use it, provided those activities do not interfere with transmission facilities, maintenance access or the rights granted in the easement.

Compatible uses may include lawns, gardens, open-space recreation and agricultural activities, depending on the terms of the easement.


Can I build a fence within the right-of-way?

Some fences may be permitted, provided they do not interfere with the safe operation of transmission facilities or restrict AEP's ability to accessthe right-of-way for inspection and maintenance. Metal fences should be properly grounded, and gates may be required in certain locations to maintain access.

Property owners should contact AEP before installing a fence within a transmission right-of-way.


Can I install a swimming pool within the right-of-way?

No. In-ground and above-ground swimming pools are generally considered encroachments and are not permitted within transmission right-of-way easements because they can interfere with access, maintenance and the safe operation of transmission facilities.


Can I plant trees within the right-of-way?

Planting trees within a transmission easement is generally not permitted because they may interfere with electric transmission facilities and maintenance activities. Some low-growing shrubs and ornamental plantings may be acceptable. Property owners should contact AEP before planting within a transmission right-of-way.


Do I need AEP approval before making changes within the right-of-way?

Certain activities may require AEP review and written approval before work begins. Examples include:

  • Changes in ground elevation
  • Placement of fill material
  • Excavation near transmission structures
  • Road or driveway crossings
  • Utility crossings
  • Installation of certain poles, antennas, or similar structures

If you are planning work within a transmission right-of-way, contact AEP before starting the project.


Will AEP access my property?

Yes. AEP may access the transmission right-of-way as needed to inspect, operate, maintain and repair transmission facilities; perform vegetation management; and respond to reliability or emergency situations.

Maintaining access to transmission infrastructure helps support the safe and reliable operation of the electric grid.


Does AEP compensate property owners for damages?

Compensation for crop damage or physical property damage associated with transmission construction or maintenance activities is handled in accordance with applicable easement agreements, project requirements and company practices.


What is an encroachment?

An encroachment is any structure, object or activity within a transmission right-of-way that interferes with the safe operation, maintenance or access requirements of transmission facilities.

Examples may include buildings, sheds, swimming pools, certain trees, billboards and other incompatible uses.


What happens if there is an encroachment within the easement?

If an encroachment is determined to be incompatible with the terms of the easement, AEP may require the property owner to remove it at the owner's expense. Property owners are encouraged to contact AEP before beginning projects within or near a transmission right-of-way to help avoid potential issues.