Where would you put an easement?

[MotorSeven]

I am wondering if it would be better to let them take down the two large trees and run the pipe 15 ft from the property line.

If it is going to be done, that's how I would do it............

 

[JerryK]

We have gas wells and gas lines running all over ^%$# up here in northern Michigan. The term easement means ATV/snowmobile/horse and hunting trail to a lot of people. You should also get some agreement on if they are going to add gates on your property lines, put wires across the line, or allow you to do so. Along with the easement, you give them the right to inspect and repair the line forever. So they need access. They usually don't want you to disturb the ground above the line, so that means no deer plots, farming, etc... you basically loose all rights to the property other than you can drive across it. I have a gate on the south line and a couple wires across the north line [properly marked with flourescent tape]. You have to keep after them to keep the gates locked, too.

 

[dodge man]

If it were me I would lose the two trees and let them put it 15 ft. from your property line...like other posters have said. Here 15 ft. is the set back for any building and maybe it is the same there ...if so, then you have lost nothing and I am sure you are going to negotiate with them for compensation...Free gas for life sounds good...Remember your choice will affect the sale of your property some day...either by you or your heirs...

I agree, let them take the trees and put it near the boudnary. Don't expect free gas for life either.

 

[MikeD74T]

On my neighbors property.

X2 Once you establish an easement you've set the grounds for expansion whether you want it or not. At the very least start at the property line as it may push expansion the other way, although it's doubtful. Find out what the neighbors are being offered & hold out for MUCH more. MikeD74T

 

[JerryK]

Another thing, if you locate the easement right on your property line, you acutually have less control on it than if it is not on the line, and properly gated or fenced off. When it is on the line, it is more like a road easement since you only have control over part of the easement....so you basically kiss the property goodbye like the road easement.

 

[Iplayfarmer]

We have gas wells and gas lines running all over ^%$# up here in northern Michigan. The term easement means ATV/snowmobile/horse and hunting trail to a lot of people. You should also get some agreement on if they are going to add gates on your property lines, put wires across the line, or allow you to do so. Along with the easement, you give them the right to inspect and repair the line forever. So they need access. They usually don't want you to disturb the ground above the line, so that means no deer plots, farming, etc... you basically loose all rights to the property other than you can drive across it. I have a gate on the south line and a couple wires across the north line [properly marked with flourescent tape]. You have to keep after them to keep the gates locked, too.

These are all terms of the contract that can be negotiated. Make sure that you negotiate the terms satisfactory to your needs and wishes. An easement doesn't have to be a bad thing. It may be worth talking to a land use expert. It may be a lawyer. Your planning and zoning office or building code enforcement office can probably give you some good references.

 

[two_bit_score]

As you may or may not know (see other thread) a gas company approached us a while back. ... ... .... . I am wondering if it would be better to let them take down the two large trees and run the pipe 15 ft from the property line.

Any suggestions? Thanks in advance.

Not having seen your property or the layout proposed it sounds like the best position would be as close to the property line as possible. You can also negotiate for replacement of the two trees or even relocation of them or payment for their value.

 

[greasemonkeyok]

Trees can die. Pipelines are like herpes - you can't get rid of it once you have it.

 

[kude]

It would be a strange easement if they don't allow you to use the surface. If you can not use the surface demand fair market value as if you were to sell it to them outright. You pay real estate taxes on land, so keeping an easement you can't use doesn't make much sense. They sure don't want to pay real estate taxes on thousands of acres of ROW. Remember, they try to do things as cheaply as possible.

Having the easement on your border is good, creates a buffer, better than running diagonally across your property.

 

[muddstopper]

The gas company can probably use immident domain and put the pipeline across your property whether you agree to it or not. Life is not fair and our government sucks. With that said, the Consitutions does state that they have to pay you just compensation, That is what gives you some bargaining rights. Holding out as long as possible does play to your advantage, they want to settle and want everything tied up in a neat little bundle before they start contruction. Waiting as long as possible to settle makes them more favorable to your demands, but caution is adviseable as well. If they can use imminet domain, and your demands they consider to be to unreasonable, they will just use the courts to take your land, where they want it, deposit a court determined amount in a bank account in your name, and then just proceed to do what the heck they want to do. At that point it will be up to you to sue them in another court to get any undetermined monentary amounts. If you cash the money they deposit in the account in your name, its the same as saying you are agreeing with their terms and from that point forward, its a done deal leaving you with no other recourse.

One other thing to consider, the person you are negotiating with is negotiating for the gas company and doesnot have your best interest at heart, no matter how sympathic they might sound to your concerns. They get paid to save the company money, period. If they tell you the company will do something, you better get it in writing before you sign over any rights, I will guarantee you if it aint on the agreement, the company wont do it, no matter what you where promised by the sweet talking person you negotiated with. If it aint in black and white, and it cost the company extra, then it simply aint going to happen.