I have a pipeline easement which has some language similar to that found on the ALOV (ASSOCIATED LANDOWNERS OF THE OHIO VALLEY) website's pipeline easement PDF. My easement has terminated due to non-commencement of construction as described by the terms of the agreement. According to the terms of the agreement if the Grantor believes that the Easement has been abandoned, it shall provide written notice thereof to Grantee. Does anyone have any boilerplate letters for such a situation where the Grantor would need to notify the Grantee of abandonment and termination of an Easement? Thank you!
Easement Language from ALOV's pipeline easement reads as follows:
Termination and Abandonment. If Grantee has not commenced construction of a pipeline within twenty-four (24) months following the date this Easement is signed by Grantor, this Easement shall be deemed abandoned. Once construction has commenced (construction being defined as excavation of a trench for the installation of the pipeline), if no natural gas has been transported through that pipeline for any period of twenty-four (24) months, then this Easement shall be deemed abandoned. If Grantor believes that the Easement has been abandoned, it shall provide written notice thereof to Grantee through the designated contact person maintained by Grantee under this Easement, said notice to be sent by certified mail and facsimile. Unless Grantee has responded within thirty (30) calendar days after such notice has been sent, providing evidence to counter the facts as presented by Grantor regarding abandonment, then Grantor may proceed to record an affidavit providing notice of abandonment and termination of this Easement with the recorder’s office of the county where the Easement is located. Grantee hereby agrees that such notice shall constitute abandonment and termination of this Easement.