A pipeline easement: what you give up, and for how long
A pipeline or right-of-way (ROW) easement gives a company the right to build, use and maintain a line across your land. Many printed forms run forever, allow more than one line, and can be passed to another company. The terms are often more open to change than the cover letter suggests.
What it does
Read the width (the permanent strip and any temporary workspace), the number of lines, what they may carry, how deep they are buried, whether valves, meters or roads can sit above ground, and whether the easement lasts forever or ends when the line is abandoned.
Payment is often stated per rod (16.5 feet) or per foot, with separate amounts for damage to crops, timber and fences. Ask how each number was set.
Some pipeline companies can take an easement by eminent domain. Even then, the route, width, depth and restoration terms are usually worked out with the owner, and what is written down is what counts.
What we mark on a review sheet
Normal
- A route shown on a plat, a set width, and payment for damage outside the strip.
- Restoring the surface, fences and drainage after construction.
Missing
- A limit to one line of a stated size, carrying named products.
- A minimum burial depth, gates, and the access route crews will use.
- What happens when the line is abandoned.
Ask about
- "Blanket" language covering your whole tract instead of a set strip.
- A term that never ends, the right to add lines later, or broad rights to assign.
- Above-ground equipment or roads the letter never mentions.
Questions to ask the company
- Will you limit the easement to one line of a stated size, carrying named products, in a set strip shown on a plat?
- How deep will the line be buried, and will you restore the surface, fences and drainage?
- Does the easement end if the line is abandoned, and will you remove the line or release the easement of record?
- How was the payment per rod set, and what is paid separately for damages?
Common questions
What should I look for in a pipeline easement?
Width, term, number of lines, what they carry, burial depth, above-ground equipment, restoration, abandonment and assignment. Printed forms are often broad on all of these.
Can a pipeline company make me sign an easement?
Some can use eminent domain. Even then, route, width, depth and restoration terms are often worked out with the owner in writing.
Send it before you sign
Tell us what you got and what you want to know. We reply by email and tell you how to send the pages. A landman reads them and sends back a one-page review sheet.
Email hello@landman.review with what you got and your question, or call (307) 263-8515.