Mecklenburg North Carolina Partial Release of Pipeline Easement

State:
Multi-State
County:
Mecklenburg
Control #:
US-OG-1081
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Word; 
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Description

This form is a partial release of pipeline easement.

Mecklenburg North Carolina Partial Release of Pipeline Easement — Understanding its Significance and Types In Mecklenburg, North Carolina, a Partial Release of Pipeline Easement refers to the legal process by which a landowner or the holder of an existing easement agreement allows for the modification or restriction of certain sections or aspects of an established pipeline easement on their property. This initiative aims to address the evolving needs and concerns of both landowners and pipeline developers while ensuring fair and sustainable land usage. Key Terms: Mecklenburg, North Carolina, Partial Release, Pipeline Easement, Landowner, Modification, Restriction, established pipeline, fair, sustainable land usage. Types of Mecklenburg North Carolina Partial Release of Pipeline Easement: 1. Limited Use Partial Release: In this type, a landowner consents to the modification of specific sections within the existing pipeline easement for a limited or specified period. This could include adjusting route location, altering depth or width, or changing maintenance access provisions, and the agreement explicitly states the duration and purpose of the modifications. 2. Temporary Release: Temporary Partial Release allows a landowner to grant permission for a predetermined period for certain non-pipeline-related activities or construction within the easement area. These activities may include installation of utilities, infrastructure development, or land improvements that do not pose a long-term obstruction to the pipeline's operations. 3. Restricted Release: With a Restricted Partial Release, a landowner may impose specific conditions or limitations upon the easement's use. This may include restrictions on construction methods, noise levels, environmental impact, or hours of operation. The landowner and the pipeline developer negotiate these restrictions to ensure harmonious coexistence between the pipeline operations and landowner's needs. 4. Modify Easement Width: In some cases, landowners opt for a Modified Partial Release to adjust the width or size of the existing pipeline easement. This type of release can occur when the original easement width no longer aligns with the landowner's current requirements or land use plans. The process involves negotiating a new agreement that specifies the revised easement width and addresses any associated rights, obligations, or compensation. 5. Complete Relinquishment: Although not strictly a partial release, Complete Relinquishment involves the landowner terminating the pipeline easement agreement entirely. This action typically occurs when the pipeline is no longer in use, abandoned, or if the landowner decides to repurpose the land. The process involves mutual legal documentation to ensure a proper release of the easement from both parties involved. In summary, a Mecklenburg North Carolina Partial Release of Pipeline Easement provides flexibility for landowners and pipeline developers to adapt to changing needs while maintaining a balance between land use and pipeline operations. The various types of releases discussed above allow landowners to modify, restrict, or relinquish sections of existing pipeline easements, promoting fair and sustainable land usage in Mecklenburg, North Carolina.

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FAQ

Pipelines can reduce property values by 5 to 40 percent by making them less attractive to potential buyers, according to local Realtors. People wince when they see (pipelines), said James Sherer, a Realtor with Lancaster County-based Kingsway Realty.

One argument would be that the easement is temporary in nature and therefore can only be an equitable easement and another argument could be that the easement can last forever as it is only the grantee who could, by changing the nature of the use of the land, bring the easement to an end.

COLONIAL PIPELINE COMPANY An easement agreement, which was negotiated when the pipeline was installed, gives Colonial the legal right to bury, maintain and retain access to the pipeline on your property for general maintenance and repair.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Your easements double as building restriction lines (BRLs). All it means is you cannot build any permanent structure within 25 feet of any lot line. Whoever is in charge of building or maintaining drainage channels has the right to access that area and do grading.

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.

The pipeline company typically pays the landowner in price per foot or per acre for farm land of the property that the pipeline passes. The price is based on the length of the easement. Some companies offer prices based on linear rod, not linear foot.

Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.

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.

Yes, you can build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

More info

Mecklenburg County, NC (Figure 1. Applicants have existing pipeline easements with most affected landowners.

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Mecklenburg North Carolina Partial Release of Pipeline Easement