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In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.
In order to be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their ?actual, hostile, open, notorious, continuous, uninterrupted adverse use? of the servient estate for a period of twenty years under some claim of right.
Usually construction of buildings and other permanent structures (swimming pools, anchored play equipment, patios, fences, etc.) are not allowed on transmission pipeline right-of-ways because of possible damage to the pipeline and interfering with the pipeline company's ability to inspect and maintain the pipeline.
The chances of a pipeline leak or explosion on your property is relatively small, but the consequences can be huge. Knowing what to do, and what not to do, could save your life.
A pipeline right-of-way is a strip of land over and around natural gas pipelines where some of the property owner's legal rights have been granted to a pipeline operator.
A route, channel, or process along which something passes or is provided at a steady rate; means, system, or flow of supply or supplies: Freighters and cargo planes are a pipeline for overseas goods.
What is a Pipeline Easement? Generally, an easement is a legal interest that allows someone the right to use another's property for a certain purpose. A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner's property.
A crossing, also known as an encroachment, can be a temporary or permanent structure across, on, along or under a facility or pipeline right-of-way. A crossing can also mean equipment or machinery crossing over the pipeline right-of-way or facility site. Examples of crossings: Installing or replacing fencing.