Mecklenburg North Carolina Tenant's Consent (Pipeline Easement)

State:
Multi-State
County:
Mecklenburg
Control #:
US-OG-1170
Format:
Word; 
Rich Text
Instant download

Description

This form is a tenant's consent for pipeline easement.

Mecklenburg North Carolina Tenant's Consent (Pipeline Easement) is a legal agreement that grants permission for a tenant to allow the installation, maintenance, and operation of a pipeline on the rented property. This consent document outlines the terms and conditions under which the pipeline can be established, ensuring that the rights and interests of both the property owner and the tenant are protected. In Mecklenburg County, North Carolina, there are different types of Tenant's Consent (Pipeline Easement), depending on the specific nature of the pipeline project. These may include: 1. Temporary Pipeline Easement: This type of easement allows the pipeline company to temporarily access and use a portion of the rental property for pipeline installation or maintenance. It typically specifies a defined duration and addresses any necessary restoration work once the pipeline work is complete. 2. Permanent Pipeline Easement: In some cases, a pipeline may require a permanent easement over the rented property. This grants the pipeline company ongoing access rights for the pipeline's operation, maintenance, and future expansions. The terms of a permanent easement may address compensation, environmental protections, and any limitations on the tenant's use of the affected area. 3. Leasehold Pipeline Easement: This type of easement applies when the tenant has their own leasehold interest in the rental property. It allows the tenant to grant the pipeline company the necessary access rights while ensuring compliance with the terms of their lease agreement with the property owner. Key considerations within a Mecklenburg North Carolina Tenant's Consent (Pipeline Easement) may include: — Scope and authorized activities: The easement must define the specific purpose of the pipeline, the extent of the pipeline's use of the property, and any limitations or restrictions on activities related to the pipeline. — Compensation: Provision for compensation to the tenant for any damages caused by the pipeline installation or operation should be established. This may include payments for crop loss, disturbance of farming operations, or temporary displacement if applicable. — Environmental protection: The easement should address measures to protect the environment, such as preventing spills, implementing erosion control measures, and adhering to applicable environmental regulations. — Restoration requirements: Upon completion of pipeline work, the easement should outline the tenant's rights to have the property restored to its original condition or any necessary compensatory measures. — Indemnification and liability: The easement should specify the responsibilities of both the pipeline company and the tenant regarding liability for damages, accidents, or injuries resulting from the pipeline operation. It is crucial for tenants and property owners to seek legal advice and thoroughly review any Mecklenburg North Carolina Tenant's Consent (Pipeline Easement) before signing.

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FAQ

Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.

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.

In general, there are two different types of easements that can be created by express grant either an appurtenant easement or an easement in gross. An appurtenant easement is an easement that runs with the land meaning it is meant to be binding on successive owners of the dominant and servient tenements.

Some shared driveways exist completely on one property, and the easement grants the other property owner rights to use and possess the driveway to access his or her property.

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 difference is that, with an easement appurtenant, the dominant estate your neighbor, for example holds the right to the land. With an easement in gross, the users of the easement aren't estates, they're people like utility companies or services.

Oil pipelines are made from steel or plastic tubes which are usually buried. The oil is moved through the pipelines by pump stations along the pipeline. Natural gas (and similar gaseous fuels) are pressurized into liquids known as Natural Gas Liquids (NGLs). Natural gas pipelines are constructed of carbon steel.

API recommends setbacks of 50 feet from petroleum and hazardous liquids lines for new homes, businesses, and places of public assembly (API 2003). It also recommends 25 feet for garden sheds, septic tanks, and water wells and 10 feet for mailboxes and yard lights.

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.

There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).

More info

Lease should consider removing any references to pipeline easements and negotiate those rights in a separate pipeline easement agreement. Applicants have existing pipeline easements with most affected landowners.Written agreement for water resources projects. Sec. 2004. Compilation of laws. Sec. 2005. Lock-up Agreement, Limitations on Disposal . Requested minimum valuation, a specific valuation, or the approval of a loan.

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Mecklenburg North Carolina Tenant's Consent (Pipeline Easement)