I have some old gathering pipelines on my property that are dead legs to well no longer in service. Easement calls for removal after use ends. Pipeline companies tell me that since it is still connected to active gathering system the pipelines are still in use even though there is no maintenance being done on lines or easement.

You want the pipes removed? Or just the easement reverted?

@martin - ideally both as the easement calls for removal after expiration

Here is the language:

1993 Easement

2) Upon cessation of its use of the pipelines to be laid on the ROW herin granted, grantee agrees to:
a) remove the pipeline
b) remove any soil contaminated by Grantee's use
c) generally correct environmental problems (extra verbiage)
d) restore the surface ROW
e) furnish Grantor with a recordable release of the ROW

3) Should Grantee fail or cease to use the ROW herein granted for a period of 24 consecutive months, the ROW agreement shall automatically terminate, and upon receipt of written notice of such termination from Grantor, Grantee shall fulfill its obligations as set out in Paragraph 2 above.

2015 Easement

2. Rights and Obligations
d) Grantee must maintain the permanent easement property in a neat and clean condition at all times. (note there are 5-8" diameter trees growing on top of pipeline)

15. Rights of Grantor Upon Termination. Upon Termination of the Easement, Grantor shall have the right to require Grantee to remove all or any portion of the improvements made to the Permanent Easement Property and Grantor's Property to substantially the same condition it was in prior to this Agreement (including reseeding of any grass). Upon request for removal of such improvements from Grantor, Grantee shall commence removal promptly and continue to work to remove such improvements in a diligent manner until completed.

17. Abandonment: In the event Grantee shall fail to commence to construct pipeline referred to herein within 12 months of the date of this Easement or cease to use and/or maintain the Permanent Easement Property of the pipeline located therein for a continuous period of three(3) years, Grantor shall first give Grantee written notice of the claimed cessation of use, or default in maintenance, after which the Grantee shall have a further period of ninety(90) days to cure the claimed default. In the event that the Grantee fails to take any action to cure the claimed default within such ninety (90) day period of as soon thereafter as is possible, provided that if Grantee has theretofore commenced ans is no longer diligently pursuing to cure the claimed default, the right herein granted shall terminate and the parties hereto shall execute a recordable agreement evidencing such termination and Grantee shall with in thirty (30) days of such termination, release of recorded this Easement, leaving the portion thereof affected thereby in good and safe condition. Grantee shall have a period of two (2) years after the termination and release of the Easement in with to remove its said property. Should Grantee fail to remove its said property from the Permanent Easement Property , as herein provided, Grantor may remove the same at Grantee's expense.

Is the 2015 easement an amendment to the original 1993 easement? Or is the 2015 a new, separate easement?

2015 is a new easement for a portion of the 1993 that needed to be rerouted due to creek bank erosion.

thegoodag said:

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@martin - ideally both as the easement calls for removal after expiration

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But why do you want it removed?

Best likely result for us as landowners is what AggieMark mentioned. Cut, flush clear the pipelines then remove easements from property.

Pipelines have had no flow in > 5yrs and easement holders have not cleared or maintained easement in same or longer period. To me this is a cessation of use. Pipeline companies say this is not the case. So I'm stuck without some more horsepower to get help me get to finish line.

bumping this up, I know someone has had this issue before and can coach me through this.

Thanks

I think people would be willing to help, but what is the motivation to have them removed? If it's just because you don't want them there anymore, you're likely better off leaving them in place, because for them to be removed, someone is going to have to dig them up, and it's going to cause a lot of disturbance to the surface.

surface disturbances are temporary. if it's my land and it's open space above i'd want them gone to avoid any other source of leaks or contamination later on when it does eventually fail

I would think being able to build on the easement would be a prime consideration for their removal. If it's just going to remain grazing land they can stay. The only other reason to remove I can think of might be concern they would be reactivated or something in the future.