Colorado Pipeline Easement With No Specific Course Identified

State:
Multi-State
Control #:
US-OG-329
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Grantor grants, conveys, and sells to Grantee, its successors and assigns, an easement and right of way, and the right to lay, construct, operate, maintain, inspect, repair, replace, change the size of and remove pipelines, with all fittings, tie-overs, cathodic protection equipment, and all underground equipment and appurtenances as may be necessary or incidental to operations, for the transportation of natural gas, oil, petroleum products, water, and any other substances which can be transported through a pipeline, on, over, and through the tract of land described within.

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FAQ

Above-ground pipeline markers are used along the permanent right-of-way for easy recognition of the presence of underground pipelines. The markers are typically located in a ?line of sight? manner within the rights-of-way, along streets and at road and railroad crossings.

Maintenance Responsibilities: Depending on the easement's terms, a property owner may be responsible for maintaining the easement area, such as keeping a pathway clear.

They are usually created by a granting instrument such as a deed. Most easements are ?appurtenant,? meaning they are attached to and benefit a particular property. The benefited property is known as the ?dominant? estate.

Easements by implication occur when a property is divided and the facts and circumstance indicate a prior use that is reasonably necessary. An easement by necessity is similar to an implied easement; however, it doesn't require a prior use, but the easement must be an absolute necessity.

In Colorado a prescriptive easement applies when someone has made use of access to a property continuously, without the owner's consent, with no attempt of concealment of the use or access, for a period of 18 years. Most commonly, this is applied to thoroughfares crossing over someone's property.

A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.

There is no measurable impact on the sales price of properties located along or in proximity to a natural gas pipeline versus properties which are not located along or in proximity to the same pipeline. Neither the size nor the age of a natural gas pipeline affects a property's sale price.

A prescriptive easement is acquired when the use is open or notorious, continuous without effective interruption for an 18-year period, and either adverse or pursuant to an attempted but ineffective grant.

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Colorado Pipeline Easement With No Specific Course Identified