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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Are there new limitations placed on blanket easements

Customer Question

Are there new limitations placed on blanket easements granted in the 1960s for pipelines. I'm the land owner and pipeline company wants to enforce the blanket easement.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas, Denton county.
JA: Has any paperwork been filed?
Customer: I see the notation of a blanket easements on my title policy but do not have a copy of the actual document. I understand ATMOS Energy acquired many of these old easements from previous easement holders.
JA: Anything else you want the lawyer to know before I connect you?
Customer: They have staked a 100 ft wide easement and the pipeline will be a 36" diameter high pressure gas main. The pipeline Institute recommends a 660 ft set back from such lines which would deny use of my entire property for a residence.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Roger replied 6 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Does the easement document have an expiration or does it set out limitations of the use of the easement?

Customer: replied 6 months ago.
As I explained I'm in the process of obtaining the original document however I am "assuming" not because they are using on many of us in this area for that pipeline. I will be at the county records office in the morning.
Customer: replied 6 months ago.
I would be more comfortable speaking with you when I have the document in hand.
Expert:  Roger replied 6 months ago.

Ok. Thanks.

If there are no deadlines for terminating the easement, the law provides that the easement runs with the land in perpetuity (forever). The only real exception is if the easement is abandoned by the utility company. If that is not the case, then the easement is likely still in effect and enforceable.

Expert:  Roger replied 6 months ago.

Here's a good link that outlines how easements are terminated under Texas law: http://www.thetaylorfirm.com/pdf/easementsinTexas.pdf (easement information begins on page 16). Thus, your only real hope to stop the easement's use is if the document has a termination date.

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