The Oklahoma Assignment of Pipeline Easements and Rights of Way is a legal agreement that grants the rights and permissions to construct, operate, and maintain pipelines on privately owned properties within the state of Oklahoma. This document facilitates the transfer of ownership or assignment of these rights from one entity to another, ensuring a smooth and legal transition. The assignment process involves the transfer of responsibilities, obligations, and benefits associated with the pipeline easements and rights of way from the assignor to the assignee. The assignor, usually the original pipeline company or entity, voluntarily transfers these rights to the assignee, who can be another pipeline company or a third party with a legitimate interest. Under Oklahoma law, there are different types of assignment of pipeline easements and rights of way that can be encountered: 1. Voluntary Assignments: These assignments occur when the assignor willingly transfers their pipeline easements and rights of way to the assignee. This can happen due to various reasons such as mergers, acquisitions, or changes in business strategies. 2. Involuntary Assignments: In some cases, the assignment of pipeline easements and rights of way may happen involuntarily. This can occur when the court orders the transfer of these rights as a result of condemnation proceedings, where a private property is legally acquired for public use, usually in the context of infrastructure development. 3. Temporary Assignments: Temporary assignments may occur when the assignor grants a limited period of access and use of their pipeline easements and rights of way to the assignee. This could be for specific maintenance, repair, or inspection activities that require temporary access. 4. Permanent Assignments: Permanent assignments involve the complete transfer of ownership and control of the pipeline easements and rights of way from the assignor to the assignee. This usually results from transactions such as asset sales or transfers of ownership. It is important for all parties involved in an Oklahoma assignment of pipeline easements and rights of way to carefully review and understand the terms and conditions of the agreement. Key considerations may include the scope of the assignment, compensation arrangements, maintenance responsibilities, insurance requirements, and any limitations or restrictions on the use of the easements and rights of way. Overall, the Oklahoma Assignment of Pipeline Easements and Rights of Way plays a crucial role in outlining the legal framework for the transfer of these rights, ensuring the proper utilization and management of pipeline infrastructure on private properties while safeguarding the rights of property owners.
Oklahoma Assignment of Pipeline Easements and Rights of Way
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FAQ
In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.
An easement gives a landowner the right to make use of another nearby piece of land for the benefit of his own land. When you buy a piece of land or property, you need to consider the rights the owner of the rest of the land or property may have over your part or the rights you may have over his part.
Express easements are granted from a landowner to a grantee in an instrument or other writing. Easements and rights-of-way are typically granted pursuant to a separate instrument, but are also often created through granted or reserved easements in real estate deeds.
131 sets out the four essential characteristics of an easement which are as follows: There must be a dominant and servient tenement; The easement must accommodate the dominant tenement; The dominant and servient owners must be different people; The right must be capable of forming the subject matter of a grant.
Statutory Right-of-Way Widths Oklahoma has statutory R/W widths of 0', 33', 49.5' and 66'. There are other widths based off road sections removed from the State Highway System and given to counties, adverse possession (fence to fence widths) and new roadway construction where additional R/W was acquired.
Termination of Easement for Real Estate Located in Oklahoma This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.
Most section line right-of-way in western Oklahoma is 66 feet. Most section line right-of-way in eastern Oklahoma is 33 feet except for portions of a few counties where the width is 49.5 feet. The portion of Oklahoma that is 49.5 feet is referred to as the Muscogee (Creek) Nation."
Utility Easements b) When an easement of twenty (20) feet in width is not provided, the minimum width of the easement shall be fifteen (15) feet, or as required by the County Engineer.