Utah Release For Surface Damages For Pipeline Right of Way / Easement

State:
Multi-State
Control #:
US-OG-118
Format:
Word; 
Rich Text
Instant download

Description

This is a general release for damages to lands occasioned by activities on the lands attributable to a pipeline or right of way which has been granted to the owner of the lands.

How to fill out Release For Surface Damages For Pipeline Right Of Way / Easement?

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FAQ

A route, channel, or process along which something passes or is provided at a steady rate; means, system, or flow of supply or supplies: Freighters and cargo planes are a pipeline for overseas goods.

A crossing, also known as an encroachment, can be a temporary or permanent structure across, on, along or under a facility or pipeline right-of-way. A crossing can also mean equipment or machinery crossing over the pipeline right-of-way or facility site. Examples of crossings: Installing or replacing fencing.

A pipeline right-of-way is a strip of land over and around natural gas pipelines where some of the property owner's legal rights have been granted to a pipeline operator.

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.

Usually construction of buildings and other permanent structures (swimming pools, anchored play equipment, patios, fences, etc.) are not allowed on transmission pipeline right-of-ways because of possible damage to the pipeline and interfering with the pipeline company's ability to inspect and maintain the pipeline.

In order to formally establish the easement as a property right, the owner would need to either enter an agreement with the owner of the property being used for the easement, or file an action in court to prove that the easement right has been established.

An implied easement is one that is not written down. It is created by the circumstances of a particular configuration of land. Generally, for an implied easement to exist, there must be a need for it; if there is no need for an easement, there is no need for a property owner to give rights to access his land to others.

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.

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Utah Release For Surface Damages For Pipeline Right of Way / Easement