ND28 “Document, Record and Retain Partial Releases”
Practice Statement Partial releases may be used to allow some part of the transmission pipeline right-of-way to be released from certain easement conditions, and should be documented, recorded and retained.
Audience(s): Property Developer and Owner, Transmission Pipeline Operator
Practice Description
An existing transmission pipeline easement may encumber an area of the pipeline right-of-way that is not occupied by transmission pipeline facilities or is not needed to perform pipeline related activities now or in the future. If requested by the landowner, the transmission pipeline operator, at its discretion, may agree to nullify the easement to this part of the land through a “partial release”. This may occur when a larger tract of land is subdivided and sold off to be developed.
A partial release allows land to be released from an easement that is no longer needed for the purposes of the easement. Partial releases should be recorded at the appropriate statutory office (i.e. county recorder, parish clerk) and retained for the life of the easement.
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