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.
Montana Pipeline Easement With No Specific Course Identified
State:
Multi-State
Control #:
US-OG-329
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity.
There are four types of easements in Ontario. Express Grant. This is the most straightforward form of easement. ... Prescription. In this scenario, the Easement is granted due to adverse possession, or ?squatters rights?. ... Implication. ... Statute. ... Merge. ... Release. ... Cessation of Purpose.
An easement does not convey a right to exclusive possession of the land involved and, therefore, is referred to as a lesser interest in land. An easement conveys with it a right to use another person's land either by encroaching on it or crossing over it. A right to cross over is a right-of-way.
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.
The first is ?prescriptive easements", the second is ?implied easements? and the third is ?easements by estoppel?. In Ontario there are two ways a prescriptive easement can be created.
As discussed, prescriptive easement actions require proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory period of 5 years. The burden is on the party seeking to establish the prescriptive easement, and all elements must be proved. Tanner v. Dream Island, Inc., 275 Mont.
A perpetual easement lasts forever. Montana law also allows for a term easement which must be in place for a minimum of 15 years. Perpetual easements provide the best protection for the land and make potential tax benefits available to the landowner. Term easements offer no such deductions.
