The landman sent me an e-mail stating they want to convey a Quit Claim Deed for all interest in the pipeline buried on my property. The say it is isolated, purged and capped on both ends now. They say it is safe to abandon in place. What are my alternatives? I have liability concerns. Plus how will this affect the future selling of the property? Any input would be of great help. Thank You
Do you know if a valid pipeline easement/ROW still exists across this land, associated with the pipeline they want to quitclaim to you?
Yes. Clause 7 in the ROW states that the Grantee shall upon termination of this agreement, restore Grantors property to its original condition.
Has a written release of the ROW been executed by the pipeline company? Or does the quitclaim they are asking you to sign have language releasing the ROW?
There is no written release by the pipeline company. There is no specific language concerning the ROW in the quit claim deed.
If they are requesting you accept, or especially execute, a quitclaim of the “abandoned” pipeline, they should provide a written release of the easement.
Do you know if more than one pipeline is in the easement? And, if so, is it owned by the same company? How old is the easement, and is it styled to terminate when pipeline operations cease or is it a “perpetual” easement?
Derrick, this site is good for answering relatively simple questions, giving general suggestions, and providing good general advice. Because of your concern for potential liability, you should seek legal counsel and not rely on free advice given on a website.
This site can also help to avoid unnecessary legal bills and provide regional market observations that an attorney will be unlikely to provide.
When you need a lawyer, absolutly hire a lawyer. When you don’t need a lawyer…well you don’t need a lawyer.
This site can useful in determining when a lawyer is needed.
I agree with the general sentiment to go through an attorney. My goal, if it happened to be me in this circumstance, would be for my attorney to 1) obtain a reassignment/release of the easement and 2) have the “pipeline company” either dig up the line and restore your land to its original state as required, or pay you the equivalent (or some part of that figure) in dollars for leaving it in place. Dont forget the cost of topsoil, replanting, etc., in addition to the removal of the actual line.