Maricopa Arizona Pipeline Easement

State:
Multi-State
County:
Maricopa
Control #:
US-OG-330
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Grantor grants, assigns, and conveys to Grantee, its successors and assigns, a right of way and easement and the privilege to lay, repair, maintain, operate, and remove pipelines and replace existing lines with other lines, for the transportation of oil or gas and related products, water, and any other fluids or substances, together with the right to install valves, fittings, meters and similar appurtenances as may be necessary or convenient to the operation of any lines, and to erect, repair, maintain, remove and operate electric lines, telephone lines, graphite and steel anodes, and other devices (for the control of pipeline corrosion), over, across, and through Grantor's land described within.

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FAQ

In Arizona, property owners generally cannot block a legally established easement, including those related to pipeline access. Easements grant specific rights to the holder, and blocking them may lead to legal disputes. However, you might negotiate terms or seek changes if they heavily impact your property. Consulting an attorney familiar with Maricopa Arizona pipeline easements can help you understand your options.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

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

A right of way can also be granted or kept by a landowner when transferring land. This should be clearly set out in a formal agreement to avoid any disputes. A right of way that is established by long use or necessity, can be lost, if it is not used for 12 years and it is not registered.

The Court of Appeals reversed the trial court and ruled that, even if the easement does not expressly provide for a duty to repair or maintain the easement, the owners of the easement have the shared duty to repair and maintain the easement. Freeman, 226 Ariz. 242 at 250.

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

The parties involved can expressly agree to extinguish the right by entering into a formal deed of release. The person with the benefit of the right can demonstrate by their actions that they intend to abandon it.

The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity.

An easement is granted by one property owner to another, and typically means the original landowner can no longer build on or around the easement, or restrict access to it.

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

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Maricopa Arizona Pipeline Easement