New Mexico Right of Way and Easement Agreement for Pipeline

State:
Multi-State
Control #:
US-OG-075
Format:
Word; 
Rich Text
Instant download

Description

This form is a grant of an easement for pipeline purposes across lands. It does not contain a specific description of the course of the pipeline easement.

A New Mexico Right of Way and Easement Agreement for Pipeline is a legal document that grants a party the right to use a designated area of land or property in New Mexico for the purpose of constructing and maintaining a pipeline. This agreement lays out the terms and conditions under which the party may exercise this right and establishes the rights and responsibilities of all parties involved. Keyword: New Mexico Right of Way and Easement Agreement for Pipeline. There are several types of New Mexico Right of Way and Easement Agreements for Pipelines. Some commonly encountered types include: 1. Permanent Easement Agreement: This type of agreement grants the party ongoing and indefinite use of the designated land or property for the pipeline. The party is typically given the right to construct, operate, and maintain the pipeline permanently, subject to certain conditions outlined in the agreement. 2. Temporary Construction Easement Agreement: In cases where a pipeline project requires temporary access to the land or property only during the construction phase, a temporary construction easement agreement is utilized. This agreement allows the party to access and use the designated area for construction purposes for a specified period of time, after which the party's rights expire. 3. Right of Way Access Agreement: This agreement is used when a pipeline project requires access to private property or land that is not directly crossed by the pipeline. The agreement allows the party to access and traverse the property for the purpose of constructing, operating, and maintaining the pipeline. It also establishes the terms and conditions for this access and outlines the compensation or other considerations to be provided to the property owner. 4. Surface Use Agreement: Sometimes, pipeline construction may require significant surface disturbance, such as excavation, grading, or clear-cutting of vegetation. In such cases, a surface use agreement is employed to grant the party specific rights to access, use, and alter the surface of the property during the pipeline's construction and maintenance. The agreement typically includes provisions for environmental protection, reclamation, and compensation. It is important to ensure that any New Mexico Right of Way and Easement Agreement for Pipeline is drafted in accordance with the applicable laws and regulations governing the state. Consulting with legal professionals, such as attorneys experienced in property and energy law, is highly recommended ensuring the agreement adequately protects the rights and interests of all parties involved.

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FAQ

If the property is in New Mexico and the owner dies without leaving a will, one-fourth of the property passes to the surviving spouse and three-fourths to the children. Community Property. New Mexico is one of eight states with a community property system.

A party claiming ownership of land by adverse possession must prove by clear and convincing evidence continuous adverse possession for 10 years under color of title, in good faith, and payment of taxes on the property during those years.

The statutory period for adverse possession in New Mexico is ten years. 3 This means that an owner of land must take action against someone within ten years of that person taking possession of the land in order to prevent the person from acquiring superior title.

Easements in New Mexico are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another ? they provide pedestrian and/or vehicular access.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.

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Change of Location of Pipeline. Grantor and Grantee acknowledge that the actual location of the Easement Area may change because of various engineering and ... How do I obtain a right of way easement? ... $250.00 fee. Along with the fee, you are required to submit a certified survey plat. All fees are non-refundable. * ...Feb 19, 2010 — Completed easements are sent to the applicant for their signature. Additional funds may be requested as applicable. Construction cannot begin ... Dec 16, 2020 — An easement allows a person that does not own land to use that land owned by another person for a distinct purpose. Easements in New Mexico. Sample Form Download ... The Easement and Rights of Way Forms Program has over 332 forms relating to Easements and Rights of Way. In addition to Pipeline related ... Remember, if the company has the right to take the property and you refuse to work with them they will simply file their petition and start the condemnation ... Dec 16, 2016 — PIPELINE RIGHT-OF-WAY. Right-of-Way Easement No. R ... Enclosed is your approved signed copy of the captioned grant of right-of-way easement. Joint use agreement -- An Agreement between the Department and a utility owner that provides for one future utility relocation and replacement right-of-way ... The pipeline easement which shall continue following completion of construction shall be twelve and one-half (12 ½) feet on each side of the line of easement,. The survey plat shall identify every point where the proposed easement or right of way enters or leaves state trust land, crosses a section line, fence, road, ...

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New Mexico Right of Way and Easement Agreement for Pipeline