Virginia Pipeline Easements

State:
Multi-State
Control #:
US-OG-811
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

Equitrans Midstream will operate the pipeline and own a significant interest in the joint venture.

Prescriptive easements arise from continuous use of a particular area for a particular purpose for a requisite period with knowledge and acquiescence of the owners. These easements are thought vested in the public interest for purpose and right of passage over the way.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

A pipeline right-of-way (ROW) is a strip of land of varying widths that may contain one or more pipelines. To deliver critically needed natural gas via our network, Enbridge must at times cross private and public lands.

Right-of-way at uncontrolled intersections, generally. Except as otherwise provided in this article, when two vehicles approach or enter an uncontrolled intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no. In Virginia, a specific statute addresses this last point.

If a person uses another's real property for more than the time allowed by state laws on adverse possession (what's called the statute of limitation period), that person may be able to "derive an easement by prescription." In other words, you have a legal right to use the land.

The Railroad Commission can inform you as to the reported status of a pipeline as either a gas utility or a common carrier, both of which have a statutory right of eminent domain.

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Virginia Pipeline Easements