Any comments about validity of pipeline ROWs secured in 1927-1929, regarding non-use, area of ROW other than length, replacement 90 years later, length of period of nonuse, automatic abandonment by nonuse? Remarks appreciated regarding practical as well as litigated experiences? What exactly does ingress and egress mean to surface owner? Pipeline company?
Itās all about what is in or not in the document.
If there is no abandonment clause, it is technically valid forever unless it gets released in the deed records.
āIngress and egressā with no other qualifiers means that the pipeline company pretty much has the ability to wander anywhere it pleases on your property.
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Andy,
Itās my understanding that pipe is owned by whatever entity paid for it. It may be abandoned, cut, etc., and float to the surface (erosion). You, the landowner, canāt do anything about it, including having it dug on your dime. There was a case a number of years ago addressing this issue out of Houston. The rancher paid to have it removed but had to get permission even though it was not producing and was eroding to the surface, making his livelihood in running cattle more difficult because of not being able to use machinery easily. I was approached a few years ago about pipe and wanted none of the stuff on my land and told the guy you can go around land that I own. I was labeled difficult because the dingdong told my cousin. He didnāt realize Iām related to everyone and we talk. 
Oh, and old pipe can ooze oil and is lined with asbestos. Environmental remediation has to be involved.
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This is worth visiting with a Texas attorney who deals with easements, pipelines, and eminent domain issues. Could potentially be a nuisance or negligence issue for failure to maintain. Good luck.
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Thanks to the people that replied. Comments appreciated. Will report results over time. andy
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