North Dakota Pipeline Easement With No Specific Course Identified

State:
Multi-State
Control #:
US-OG-329
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

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.

What Are 4 Types of Easements? There are four common types of easements. They include easement by necessity, easement by prescription, easement by condemnation, and party easement.

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.

There are several ways in which easements in Minnesota and North Dakota can be created, which include the following: Easements by Necessity. These easements are created when a property owner is only able to access his or her property by traveling on property owned by another person.

Berger, 2006 ND 48: "Under North Dakota law, a use of land creates an easement by prescription if the use is adverse, continuous and uninterrupted, and for the 20 year period of prescription." This case discussed whether the use was adverse.

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North Dakota Pipeline Easement With No Specific Course Identified