Georgia Assignment of Pipeline Easements and Rights of Way

State:
Multi-State
Control #:
US-OG-328
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the Assignor grants, sells and assigns to Assignee all of Assignor's rights, title, and interests in a Pipeline Easements and Right of Way. When this form is used, Assignor grants, sells and conveys to Assignee all of Assignor's rights, title, and interests in all pipe, pipelines and all pertinent equipment, personal property, and fixtures relating to the Easements but Assignor reserves all interests in all well bores, tubing, and all related equipment utilized in connection with the production of oil and/or gas from the lands which the Easements cross or affect.


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FAQ

Typically, a property owner has the legal responsibility for any damages caused by inadequate maintenance to the people on their property. However, an easement rights holder or the party granted access to use the property becomes responsible for any damages on the property since they now hold the rights to use.

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.

In order to be recordable, an easement deed must be signed by the grantor and must contain two witnesses, one of whom must be the notary with his seal attached. If one of the witnesses is not a notary, then there must be an acknowledgment by a notary attached to the deed ( 44-2-21 and 44-2-14).

There are usually two core principles of Georgia easement law: The easement holder's use of the land cannot exceed the scope and the purpose of the easement. The property owner cannot interfere with the easement holder's rights.

The Georgia Institute of Real Estate provides six such methods of easement termination: Release: The owner of the dominant estate agrees, in writing, to terminate the easement. Merger: One party takes ownership of both properties. Expiration: The initial reason for the easement no longer exists.

A pipeline right-of-way (ROW) is a strip of land of varying widths that may contain one or more pipelines. To deliver critically needed natural gas via our network, Enbridge must at times cross private and public lands.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

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Georgia Assignment of Pipeline Easements and Rights of Way