In Washington, an easement and right of way (pipeline) refers to a legal agreement that allows a pipeline company or utility to access, use, and maintain a designated area of land for the purpose of constructing, operating, and maintaining a pipeline infrastructure. This article will provide a comprehensive overview of various aspects related to Washington easement and right of way (pipeline), including different types involved and the legal implications. One type of Washington easement and right of way (pipeline) is an easement by grant or deed. This is a voluntary agreement between the landowner (granter) and the pipeline company (grantee), where the granter grants a specific portion of their property for the pipeline company's exclusive use. The terms and conditions of this agreement are typically outlined in a legal document, known as an easement deed. Another kind of easement is an easement by condemnation. This type occurs when the pipeline company needs access to a particular piece of land, but the landowner is unwilling to negotiate or agree to a voluntary easement. In this situation, the pipeline company may initiate legal proceedings to condemn the necessary portion of the land under eminent domain, with compensation provided to the landowner. Washington state law provides certain protections for landowners involved in easement and right of way (pipeline) agreements. These laws ensure that the pipeline company must negotiate in good faith, provide fair compensation for the easement, and restore the land to its original condition after construction if necessary. To establish an easement and right of way (pipeline), the pipeline company must conduct surveys and studies to determine the exact route of the pipeline and assess any impacts it may have on the environment or neighboring properties. This process involves environmental assessments, geotechnical investigations, and potential archaeological surveys to comply with state and federal regulations. Additionally, the pipeline company must comply with a range of state and federal permits and regulations, including obtaining necessary approvals from the Washington Department of Ecology, Department of Fish and Wildlife, and the Army Corps of Engineers. In conclusion, a Washington easement and right of way (pipeline) is a legal agreement between a landowner and a pipeline company that grants access to specific land for constructing, operating, and maintaining a pipeline. Different types of easements can be established, such as voluntary easements by grant or deed and easements by condemnation. It is vital that all parties involved understand their rights and comply with relevant laws and regulations in order to ensure a fair and lawful agreement is reached.
Washington Easement and Right of Way (Pipeline)
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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."