abandoned gas pipeline and easement

[jb03530]

What is the name of your state (only U.S. law)? Nebraska, I bought a piece of property, on disclosure there was no mention of an abandoned pipeline or easement rights. Called diggers hotline, they came out and marked the property, (this pipeline was not marked) proceeded to put in the basement, 90% through the project my contractor hit the abandoned pipe that ran under the house. Called the proper authorities, gas company came out, said they were unaware of any pipeline, they spent the next 2 days researching and found a blanket easement dated 1932. Said they have easement rights and to move the basement. (a portion of this property, since 1932 was subdivided around 1968) I found a modification of easement document dated 2005, signed by the new owner of the undivided portion of this land, this new document that states ALL easements are released and Except the Right of Way that runs behind my property. The gas company said this modification does not include my property just what my neighbor owns. If modifications are made to the 1932 blanket easement document, does it affect the whole blanket easement or just the easements with whom the gas company signed the modification document?

 

[FlyingRon]

Without looking at the documents, we can't tell. Take everything to a real estate lawyer.

 

[FarmerJ]

This sounds way too messy for a net forum I suggest you use the links above and find a real estate atty who can review the docs found and give to you a legal opinion as to what your options may be.

 

[justalayman]

What is the name of your state (only U.S. law)? Nebraska, I bought a piece of property, on disclosure there was no mention of an abandoned pipeline or easement rights. Called diggers hotline, they came out and marked the property, (this pipeline was not marked) proceeded to put in the basement, 90% through the project my contractor hit the abandoned pipe that ran under the house. Called the proper authorities, gas company came out, said they were unaware of any pipeline, they spent the next 2 days researching and found a blanket easement dated 1932. Said they have easement rights and to move the basement. (a portion of this property, since 1932 was subdivided around 1968) I found a modification of easement document dated 2005, signed by the new owner of the undivided portion of this land, this new document that states ALL easements are released and Except the Right of Way that runs behind my property. The gas company said this modification does not include my property just what my neighbor owns. If modifications are made to the 1932 blanket easement document, does it affect the whole blanket easement or just the easements with whom the gas company signed the modification document?

so, did you have a title search done prior to the purchase? Disclosures are great, if the seller is aware of an issue. Otherwise they provide no benefit.

Said they have easement rights and to move the basement. (a portion of this property, since 1932 was subdivided around 1968) I found a modification of easement document dated 2005, signed by the new owner of the undivided portion of this land, this new document that states ALL easements are released and Except the Right of Way that runs behind my property

what a new OWNER of the land signs means nothing. You need a release of the easement by the dominant tenant of the easement. The owner of the land cannot extinguish the easement unilaterally.

If modifications are made to the 1932 blanket easement document, does it affect the whole blanket easement or just the easements with whom the gas company signed the modification document?

It would depend on exactly what the modification stated. Generally speaking it is going to modify the easement that involves only the specific parties making the agreement.

 

[jb03530]

so, did you have a title search done prior to the purchase? Disclosures are great, if the seller is aware of an issue. Otherwise they provide no benefit.




what a new OWNER of the land signs means nothing. You need a release of the easement by the dominant tenant of the easement. The owner of the land cannot extinguish the easement unilaterally.


It would depend on exactly what the modification stated. Generally speaking it is going to modify the easement that involves only the specific parties making the agreement.

Yes I had a title search and survey, the survey showed only one live pipeline that goes across the tip of my property, and I did know that was there and accepted that information, however I thought this blanket easement was referring to the new pipeline that was disclosed on the survey in conjunction with the 1932 and 2005 document. The original Blanket easement did not define coordinates of this original abandoned pipeline, just defined section, township, etc. the 2005 however did show the specific point coordinates and survey of the pipeline that crosses the tip of my property.

 

[justalayman]

jb03530;3224223]Yes I had a title search and survey, the survey showed only one live pipeline that goes across the tip of my property, and I did know that was there and accepted that information, however I thought this blanket easement was referring to the new pipeline that was disclosed on the survey in conjunction with the 1932 and 2005 document. The original Blanket easement did not define coordinates of this original abandoned pipeline, just defined section, township, etc. the 2005 however did show the specific point coordinates and survey of the pipeline that crosses the tip of my property.

the pipeline itself is irrelevant. What did the title search reveal in regards to any easements of record?
If the title search revealed this easement, then you accepted title with knowledge of the easement. If it did not discover it, contact your title insurance company to discuss a possible claim.

 

[jb03530]

the pipeline itself is irrelevant. What did the title search reveal in regards to any easements of record?
If the title search revealed this easement, then you accepted title with knowledge of the easement. If it did not discover it, contact your title insurance company to discuss a possible claim.

The title search disclosed that there was a blanket easement (the 1932 document) but not where this easement was located on any of the properties other than township, section. That is why I went to register of deeds and got the 2005 document to see where the easement went on this land,,,,,unfortunately I did not realize I was dealing with two completely different easement. One undefined and one defined.

 

[justalayman]

jb03530;3224228]The title search disclosed that there was a blanket easement (the 1932 document) but not where this easement was located on any of the properties other than township, section. That is why I went to register of deeds and got the 2005 document to see where the easement went on this land,,,,,unfortunately I did not realize I was dealing with two completely different easement. One undefined and one defined

I believe you have answered your own questions.

 

[jb03530]

I believe you have answered your own questions.

I believe you are right, thanks for walking me through this mess, its much clearer now. I very much appreciate your help, thank you so much.

 

[justalayman]

I believe you are right, thanks for walking me through this mess, its much clearer now. I very much appreciate your help, thank you so much.

You/re welcome.


just a thought:

if the pipe you have encountered is actually abandoned, I'm not understanding why the utility entity would have an issue with simply cutting it out of the way but apparently they do. If financially practical, and it is a big issue to you, is there a possibility the pipe could be re-routed around where you want to build your home?


I'm not expecting it to be acceptable to all but it's about all I have for suggestions.

 

[jb03530]

You/re welcome.


just a thought:

if the pipe you have encountered is actually abandoned, I'm not understanding why the utility entity would have an issue with simply cutting it out of the way but apparently they do. If financially practical, and it is a big issue to you, is there a possibility the pipe could be re-routed around where you want to build your home?


I'm not expecting it to be acceptable to all but it's about all I have for suggestions.

I did ask them to release the easement since it's essentially a pipeline to nowhere since my neighbors easement was released and this abandonded pipe is only part of the whole, but they said they would not release it. They currently have 23000 sq feet of easement on my 38000 sq foot lot, instead of building my home, think I will have just enough room left to pull a travel trailer out there and set up camp.....