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.
Indiana Assignment of Pipeline Easements and Rights of Way
State:
Multi-State
Control #:
US-OG-328
Format:
Word;
Rich Text
Instant download
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FAQ
A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.
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.
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.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Grants or sales of limited easements are usually not treated as taxable sales of property. Instead, amounts received from such transfers are subtracted from the basis of the property. Any amounts received in excess of basis are treated as taxable gain.
The markers are typically located in a ?line of sight? manner within the rights- of-way, along streets and at road and railroad crossings. The markers provide helpful information about what each pipeline transports, who operates the pipeline, and how to contact the pipeline company.
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.
Maintenance Right-of-way maintenance responsibilities may be specified in the express creation of an easement. When not specified, the responsibility is generally upon the easement holder and the owner of the servient estate has no obligations.