Pipeline Right of Way Easement

State:
Multi-State
Control #:
US-OG-1088
Format:
Word; 
Rich Text
37 downloads

About this form

The Pipeline Right of Way Easement is a legal document that grants a pipeline company the right to install, operate, and maintain pipelines on a designated property. This form outlines the specific rights and responsibilities of both the grantor (property owner) and the grantee (pipeline company), differentiating it from other property easement forms by its focus on pipelines and their associated infrastructure. It ensures that the parties understand their roles and responsibilities regarding the use of the land for pipeline-related purposes.

Key components of this form

  • Acknowledgment of payment for the easement right.
  • Description of the property where the easement is granted.
  • Rights granted for installation, maintenance, and removal of pipelines.
  • Rights of ingress and egress for the pipeline company.
  • Covenants regarding damages to crops, timber, and fences.
  • Prohibitions against impounding water or constructing buildings on the property.

Common use cases

This form should be used when a property owner needs to grant a pipeline company the right to use part of their land for pipeline installation and maintenance. This may be necessary when a pipeline project is planned in the area, and the company must access the property to lay down the pipes. It is crucial in situations involving land development or resource extraction where pipeline access is essential for operations.

Who should use this form

  • Property owners (grantors) who are approached by pipeline companies.
  • Pipeline companies (grantees) seeking legal permission to access private land.
  • Real estate attorneys assisting clients in negotiating easements.
  • Landowners considering compensation for the usage of their land for pipelines.

How to complete this form

  • Identify the parties involved: the grantor (landowner) and the grantee (pipeline company).
  • Specify the compensation amount being paid for the easement.
  • Enter a clear description of the property to be affected by the easement.
  • Include any restrictions or prohibitions on the use of the property.
  • Have both parties sign and date the document for it to be valid.

Is notarization required?

This form does not typically require notarization unless specified by local law. However, it is recommended to check with local regulations to ensure compliance with any additional requirements.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

  • Failing to include a complete property description.
  • Neglecting to specify the compensation in the easement agreement.
  • Omitting signatures from all necessary parties.
  • Not setting clear terms regarding the maintenance and removal of pipelines.

Advantages of online completion

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  • Reliable and secure process for document completion and storage.
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FAQ

If an easement is 50 rods long, that is almost an acre. In a recent case, a pipeline company paid some owners $180 per rod and others $767 per rod for the same project.

Easements are treated as a recovery of the basis of the property first, with any excess proceeds treated as capital gain, which is taxed at a lower rate than ordinary income. The basis of property that offsets an easement is limited to the basis of the affected acres or square footage.

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.

Pipelines can reduce property values by 5 to 40 percent by making them less attractive to potential buyers, according to local Realtors.

A right-of-way is a strip of land typically about 50 feet wide (depending on location) containing a pipeline or other utility. Many rights-of-way contain more than one underground pipeline or utility and can be wider depending on the number of infrastructure assets within.

You are willing to either share in or bear the cost of land maintenance and are now ready to negotiate. Reducing the impact the easement has on the neighbor will help convince him to say yes. Include in the negotiations elements that include his continued use and rights to share that parcel of land with you.

How much money should landowners get when an oil or gas pipeline crosses their land? As it stands, landowners receive a one-time payment roughly based on the length of the pipeline, with rates varying from $5 to $50 per foot or more for a Marcellus or Utica shale pipeline right-of-way agreement.

Oil pipelines are made from steel or plastic tubes with inner diameter typically from 4 to 48 inches (100 to 1,220 mm). Most pipelines are typically buried at a depth of about 3 to 6 feet (0.91 to 1.83 m). To protect pipes from impact, abrasion, and corrosion, a variety of methods are used.

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Pipeline Right of Way Easement