I am writing a description for a pipeline easement. The perminate will be 5' wide on each side of my survey then 5' on each side of the pipeline as installed for a total width of 10'. The limits of the temporary easement will be 50' on each side of my survey.
For the temporary description is it necessary to less and except the perminate easement.
> I am writing a description for a pipeline easement. The perminate will be 5' wide on each side of my survey then 5' on each side of the pipeline as installed for a total width of 10'. The limits of the temporary easement will be 50' on each side of my survey.
>
> For the temporary description is it necessary to less and except the perminate easement.
As I understand your statement and question: The permanent easement will first be centered on a survey line and then when the pipe is installed will move to wherever the pipe is actually laid.
And : No, you do not have to except the permanent easement from the temporary easement. After the pipe is laid the temporary easement expires and disappears. Whether or not it covered part or all of the permanent easement is a moot point.B-)
> I am writing a description for a pipeline easement. The perminate will be 5' wide on each side of my survey then 5' on each side of the pipeline as installed for a total width of 10'. The limits of the temporary easement will be 50' on each side of my survey.
>
> For the temporary description is it necessary to less and except the perminate easement.
No. Easement on top of an easement is no problem as long as the use does not conflict.
It is best to include a set date for the expiration of the Temp Easement, but even better to grant it back formally when construction is done...
BTW: "pipeline as installed" is a nightmare. better to get it constructed in a specific location
many will disagree 😉
Where the temps are on one or both sides of a permanent easement, I describe them them separately. Temps are usually paid for differently than the permanent and the area needs to be separated out clearly between the temps and the permanent. Typically one exhibit and two legals for each parcel. Around here that seems to be the way the land agents and attorneys want it.
> > I am writing a description for a pipeline easement. The perminate will be 5' wide on each side of my survey then 5' on each side of the pipeline as installed for a total width of 10'. The limits of the temporary easement will be 50' on each side of my survey.
> >
> > For the temporary description is it necessary to less and except the perminate easement.
>
> No. Easement on top of an easement is no problem as long as the use does not conflict.
> It is best to include a set date for the expiration of the Temp Easement, but even better to grant it back formally when construction is done...
>
> BTW: "pipeline as installed" is a nightmare. better to get it constructed in a specific location
>
> many will disagree 😉
I disagree. While it may be a royal pain in the ass to locate the pipe after installation, at least the pipe will reside in the easement.
Lately I've been dealing with too many situations where the utility, based upon the legal written description, may not be in the easement.
"permanent" easment
check your sp
"permanent" easment
I have encountered this numerous times, have described the temps both ways and it is up to "others" to determine the answer.
That being said I prefer describing the temp over the perm.:-)
"permanent" easment
I have one of these "living easements"! "A permanent, 40' wide utility easement, centered on the pipe line" That dang pipe has moved 60' in either direction since the 50's when it was written. I tend to lean towards calling out any temporary "construction" easements seperately, as the landowner is dividing his lot up in different pieces. My 0.04.
-JD-
I think the temporary easement should have the date or terms as to when the easement expires. It does not have to less-and-except the permanent. The only "less and except" you might need, is if there is an existing improvement that the contractors can't touch or harm. I would strongly advise that you don't record (or ask the parties not to record) the temporary easement. It's temporary, and it can cloud the title.
It might be nice to use the actual pipe as the center of the permanent easement by locating it and writing the easement on completion if the project allows for that.
Use the spell-checker on your description and also look up any words you aren't positive of. An example might be using "accept" instead of "except" which could totally change the meaning and not be caught by a spell-checking software.
1. There is a 50/50 chance the contractor will lay the pipeline out of the easment as staked so with the language I propose the pipeline as installed will become the center of the easment.
2. I am writing a separate legal for the temp easment, and it will be recorded.
I try to talk "customers" into not recording Temp. easements, but sometimes I can't convince them. It just bothers me that it is, or can, cause a cloud in the grantor's (of the easment) title. If that can't be done, I recommend what Peter says above and see if you can get them to grant it back:
> It is best to include a set date for the expiration of the Temp Easement, but even better to grant it back formally when construction is done...
A temporary easement is an area that does not include the permanent easement.
The temporary easement would begin at the margin of the permanent easement and extend beyond that.
I know many do centerline descriptions with offset distances.
My preference is a metes and bounds for all type of descriptions.
0.02
