Washington Easement and Right of Way (Pipeline)
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FAQ
IMPLIED EASEMENTS. An implied easement arises when there has been a unity of title, an. apparent and continuous quasi-easement existing for the benefit of one. part of the estate to the detriment of the other during such unity, and. a certain degree of necessity that the quasi-easement exist after sever-
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.
(1) EXPRESS GRANT OR RESERVATION. 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.
To put this in numbers, it could be as little as 50% of the easement land value, or up to 30% or more of the whole property value. The more intrusive the easement on the land (ex. - runs diagonal across the whole property vs. just down the fence line), the more impact it will have.
What you need to know. 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.
A duly acknowledged and certified easement deed can be recorded in the office of the county auditor in the county where the property subject to the easement is located.
Generally, the owner of any easement has a duty to maintain the easement.
Natural gas pipelines do not affect the property value of any particular type of residence any more or less than another type of residence.
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 simple definition of an easement is: "a right attached to a parcel of land which allows the proprietor of the parcel to use the land of another in a particular manner or to restrict its use to a particular extent."