ND07 “Define Blanket Easement Agreements When Necessary”
Practice Statement Upon request by the landowner, a transmission pipeline easement agreement may be defined to an acceptable, reasonable, and safe width and explicit location. State statutes or local government regulations may require easements to be defined prior to the approval of rezoning, subdivision plats and development permits.
Audience(s): Local Government, Property Developer and Owner, Transmission Pipeline Operator
Practice Description
Some legacy transmission pipeline easements did not explicitly define the location or size of the easement or the location of the transmission pipelines within the easement. Some agreements did not describe the types of land use activities that could or could not occur on the right-of-way. In some states, these “blanket easements” may give the transmission pipeline operator the right to put a replacement pipeline anywhere on the property within the boundaries of the original easement grant.
The lack of clarity of an easement can lead to conflicts among stakeholders regarding the land use, the location of the transmission pipelines and easement, and the respective rights and obligations of both the land owner and transmission pipeline operator. By defining easement locations prior to approving rezoning, subdivision plats and development permits, confusion is avoided regarding which lands are burdened by the easement rights of the transmission pipeline operator. Mortgage companies may also require the easement be defined prior to providing a mortgage. Some states require the easement owner of blanket easements to define the easement to a specific location when requested by the landowner. Additionally, most transmission pipeline operators have a process for defining the easement to a specific location when requested.
The amended easement should be recorded at the appropriate statutory office (i.e. county recorder, parish clerk).
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