Michigan Right of Way and Easement for Additional Pipeline

State:
Multi-State
Control #:
US-EAS-2
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way and Easement. Allows the construction of an additional pipeline on, over and across previously granted right of way and easement.
An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

Michigan law recognizes an easement by necessity. An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property. If the landowner has not other means to access his property, a court will create an easement by necessity.

Hear this out loud PauseAn easement by necessity is sometimes created when a parcel is landlocked, meaning there is no access to a road. Finally, a prescriptive easement can be created when one parcel has been using another parcel for access rights, without permission, for over fifteen years.

Hear this out loud PauseBasically, one portion of your land may be considered a public property under Rights of Way. Easements exist as negative and affirmative. An affirmative easement basically allows a group or a person to carry out activity on another person's land. For example, erect electrical posts.

Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land.

An easement can be terminated through a written agreement between the easement holder and the property owner. Additionally, an easement by necessity can be terminated if there is no longer a need for the easement.

Hear this out loud PauseA 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.

The road right-of-way is generally 66 feet (33 feet on either side of the center line of the road). Rights-of-way may be narrower or wider in certain situations.

Hear this out loud PauseAbove-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.

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Michigan Right of Way and Easement for Additional Pipeline