BLANKET EASEMENT

BLANKET EASEMENT

Posted by Bobby Skaggs_4 on Nov 25, 2017 9:18 am

My clients are trying to develop 46 acres and there is a 1962 blanket easement attached to the entire property.  It is a low pressure 4" oil\gas line and we are trying to get them to release the blanket easement in exchange for a metes and bounds defined easement, say 25' wide.I have been dealing with the oil company that owns the pipeline\easement since June and they are flat out dragging their feet.
Anyone care to share their thoughts or experiences on this?

Re: BLANKET EASEMENT

Posted by DAVID GARCELON on Dec 20, 2017 11:07 am

BOBBY,
Your Client's Attorney should be handling this work !!!! Collaborate with your clients attorney....DON NOT DEAL DIRECTLY WITH THE OIL COMPANY UNTIL THE ATTORNEY HAS SET UP THE GROUNDWORK FOR CREATING THE SPECIFIED WIDTH EASEMENT !!
Yes, we serve a quasi-judicial function for our client. In your case that means informing your client that he needs an attorney to help solve the problem, and that  you will be happy to work with that attorney on his behalf.

David C. Garcelon

Re: BLANKET EASEMENT

Posted by Kristopher Kline on Jan 21, 2018 10:59 am

Actually, you might want to read my February 2014 column in POB on the subject of Practical Location. While the first part of the article deals with boundaries, the column also considers practical location of easements. In most jurisdictions, when an easement is created by express terms but the location is indeterminate, construction of improvements and subsequent use by the easement holder, combined with acquiescence to the use by the servient owners permanently fixes the location of the easement.
I'd hesitate to give any specific opinion on your situation without knowing ALL the details, but your problem not really be a problem if you can get an attorney on board who actually understands the relevant concepts. 

Kristopher M. Kline, P.L.S., G.S.I.
2Point, Inc.

Re: BLANKET EASEMENT

Posted by cvender on Jan 28, 2018 4:05 pm

I had a few projects where the clients wanted to develop their properties that had blanket easements for powerline, water line, and telephone.  In all projects, I compiled a metes & bounds description of the utilitiy as marked by the "Call Before You Dig" service and the utility companies & client signed the new defined width easements.