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?

What does the easement say about required maintenance?
If the lines are "in use" then it seems to me they should be maintaining the easement. See how many times they want to come out and mow lines that are "in use" because they're behind a closed valve.

@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.

OP - the "cessation of use" as written is pretty vague in the 1993 agreement. When was the last time any product flowed? If it's still tied to the gathering system and could be used, you may be out of luck at the moment. Most modern agreements for such a line will have language akin to "if any of the lines buried hereon are not used for a consecutive period of (x) years, then this agreement shall terminate..."

As an aside, do you really want them to dig the lines up? You may be able to negotiate an additional damage payment, and have them cut, flush and cap the line in place. Much less disturbance to the surface.

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.