Telecommunications Provision to Add to Pipeline Easement

State:
Multi-State
Control #:
US-OG-656
Format:
Word; 
Rich Text
Instant download

Description

This form is used in addition to the purposes for which the Easement is primarily granted. The Grantee shall also have the right to make use of the Easement for the laying and running on, over, or under and using the Easement granted for the purpose of connecting, running and laying lines, wires and cables. So long as the Easement is used for the primary purpose for which this Easement is granted, and/or this additional use, it shall remain in full force and effect.

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FAQ

There must be a dominant and a servient tenement; The easement must accommodate the dominant tenement, that is, be connected with its enjoyment and for its benefit; The dominant and servient owners must be different persons; The right claimed must be capable of forming the subject-matter of a grant.

Give the document a simple title: Grant of Easement is sufficient. Identify the parties. You need to explain who the parties are to the agreement. The person granting the easement to his property is the Grantor and the person gaining access to the property is the Grantee.

This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant.

An easement or right-of-way is an agreement that confers on an individual, company or municipality the right to use a landowner's property in some way. While these agreements grant rights, they also have the effect of partially restricting an owner's use of the affected portions of land.

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.

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.

An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.

Nine Essential Property Easement Agreement Considerations. Legal Description of Properties. Depiction of the Easement Area. Covenant Not to Disturb the Use of the Easement. Determination of Maintenance Obligations. Payment of Property Taxes.

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Telecommunications Provision to Add to Pipeline Easement