Replies to This Discussion

Permalink Reply by Zack Jameson on November 19, 2014 at 10:15am

The existing ROW has one pipeline in it.

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Permalink Reply by evan on November 19, 2014 at 10:17am

You need to look at your deed and the easement that goes with it

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Permalink Reply by Zack Jameson on November 19, 2014 at 11:35am

Nothing is mentioned in the deed. I was given nothing when I bought the land. I own surface and mineral rights. A few years back Columbia did some work on the pipeline and I was payed well for access and timber damage when they widened the ROW, so I should be paid if an additional pipeline is added.

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Permalink Reply by 0ym9x5ag7ury2 on November 20, 2014 at 2:21pm

Zack,

   When you buy land, you get a Title Warranty which generally goes back 50 years or more and should show the history of your property. For example if you have an electric company right of way or pipeline on your land it will show up. Most people file their closing paperwork in one location which should include a HUD statement, bank mortgage, and a Title Warranty.

If you can't find the Title Warranty you can go the court house records department for the county your land is in and follow the trail of Records starting with your deed and going backwards in time. Each document will reference the previous Book and Page number Using the chain of custody provided by the Book and Page numbers you should be able to go back before pipelines were used.

When you find the right of way, look for details like number of pipes, and right of way location. If the ROW contract is like the one Cardinal Pipeline was using to get signatures  in 2011, you don't own the Right Of Way anymore, the ROW contract owner has stolen it from a previous owner. 

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Permalink Reply by Jack Straw on November 19, 2014 at 2:21pm

You are (to a degree) at the mercy of the wording in the Agreement.

This Agreement may be referred to as an 'Easement'; as such it should have been included with (or attached to) you Deed; so first look at the Deed to your property (along with any associated documents that are in your possession). 

If you cannot locate a copy of the Easement in your possession, I suggest that you attempt to obtain a copy of the Pipeline ROW Agreement; it would have been recorded with the County.

The easiest way to accomplish this is dependent upon what County your property is located in; some Counties have records available 'online' .... other Counties will require a visit to the County Courthouse (Recorder's Office). Most County Recorders are busy, but helpful in situations such as yours. 

Good luck,

                    JS

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Permalink Reply by Barry D on November 20, 2014 at 4:14pm

Zack,

Having reviewed many "old" ROW Agreements I say for certain that there is no simple answer to your question. Not all agreements signed in the past are the same.

I have seen "old" ROW Agreements which limit the number of pipelines, I have seen those that allow future pipelines, and I have seen those those that are moot on the issue. You need to find the Agreement that affects your property. Even though your deed may not directly speak to the ROW on your property, obviously one exists.

So, you need to go to the Recorders Office and search the Lease Records for the ROW Agreement that affects your property. Once you have read it you will have the answer to your question(s).

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Permalink Reply by Booger on November 21, 2014 at 5:44am

there may be some laws in your state that will protect you from old ROW terms........according to lawyer, there is in Ohio .......I am dealing with 1907 ROW.

the old ROW states they can add lines for "like" compensation (which was three cents a foot in 1907).

lawyer says they will not only get going rates, but will get new friendlier ROW agreement.

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