Nebraska Amendment to Easement (Pipeline Easement - Short Form)
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FAQ
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 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.
An easement can be acquired by prescription, or adverse possession, such as by the continuous use of a road across another's property, under a claim of right, for a period of more than ten (10) years (under Nebraska law). Such use may ripen into a prescriptive easement that gives the holder continued use of the road.
The elements required to create an implied easement from former use include: the use giving rise to the easement was in existence at the time of the conveyance subdividing the property; the use has been so long continued and so obvious as to show that it was meant to be permanent; and.