BL09 “Document and Record Easement Amendments”
Practice Statement Easement amendments should be documented, managed and recorded.
Audience(s): Property Developer and Owner, Transmission Pipeline Operator
Practice Description
A transmission pipeline operator may desire to use the land within the boundaries of the easement in a manner that was not allowed in the original easement agreement. Examples of modifications to the agreement include the installation of additional appurtenances, the utilization of an existing right-of-way for additional pipelines for the efficient use of land, or the redefining of the easement. To do so, the transmission pipeline operator will need to consult with the property owner to gain permission to perform the desired activity or use. If permission is granted, the agreement may be documented in the form of an easement amendment.
Easement amendments modify the existing agreement between the pipeline operator and the landowner. The parties with legal interests to the land come to agreement on the language of the easement amendment, survey the property and record the amendment with the appropriate statutory office (i.e. county recorder, parish clerk). The easement amendment is retained for the life of the easement. There may be additional compensation provided to the landowner based on the value of the land in exchange for the new rights.
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