pipeline easement-landowner rights

[Kossetx]

Howdy folks, I have a pipeline across my land. it was put there in 1960 and I have no idea what the agreement contained. The pipelines' land clearing policy has caused severe erosion to my land along a creek. Without trees to hold the dirt in the bank just gives way from time to time. Any ideas out there on what to do about it or if I can do anything about it. thanks

[gmac]

What they do on their easement cannot have a negative affect on your property. Have you contacted the company?

[buzzbait]

The easement should be filed of record at the clerks office

[Blackmouth]

Not sure about the legal issues of a contract and the pipeline but the erosion issues can't be handled with USDA-Natural Resources Conservation Service (NRCS). Should be one located in your county.

[rtjh]

Just give them a call and talk to them. They have people that handle ROW issues.

[Burnadell]

Who is the pipeline company and what was their response when you asked them to fix the damage?

[MAP]

As the landowner, when push comes to shove, you really have no rights. We have around a dozen pipelines crossing our places. Some 50 years old and others still going in now. The company is normally not responsible for erosion or the pipeline rising up to a depth that can be hooked by a disk or plow. And they won’t come fix or pull up the pipe on your place because the neighbors will want the same done. The state has giving all the power to the pipeline companies

[Kossetx]

As the landowner, when push comes to shove, you really have no rights. We have around a dozen pipelines crossing our places. Some 50 years old and others still going in now. The company is normally not responsible for erosion or the pipeline rising up to a depth that can be hooked by a disk or plow. And they won’t come fix or pull up the pipe on your place because the neighbors will want the same done. The state has giving all the power to the pipeline companies

This is what I figured...

I haven't talked to the pipeline company but once. They came in and cleared and pushed the trash on to my land. They also threw a paint bucket deep in my woods which means the contractors had to trespass to do that. The pipeline apologized and that was the end of it.

I'm simply trying to get informed before I call them. Thanks for the help folks.

[Dru]

As the landowner, when push comes to shove, you really have no rights. We have around a dozen pipelines crossing our places. Some 50 years old and others still going in now. The company is normally not responsible for erosion or the pipeline rising up to a depth that can be hooked by a disk or plow. And they won’t come fix or pull up the pipe on your place because the neighbors will want the same done. The state has giving all the power to the pipeline companies

Almost none of that is true.

Get a copy of the ROW agreement. If it is older you may have more rights than you think.

[Ætheling]

Get to discing!! Some Jed Clampett style hunting might get their attention lol.

[tdwinklr]

As the landowner, when push comes to shove, you really have no rights. We have around a dozen pipelines crossing our places. Some 50 years old and others still going in now. The company is normally not responsible for erosion or the pipeline rising up to a depth that can be hooked by a disk or plow. And they won’t come fix or pull up the pipe on your place because the neighbors will want the same done. The state has giving all the power to the pipeline companies

I can't see how the pipeline company is NOT responsible for land damages and pipes floating out of the ground...?
We had a large powerline easement on our property back home and they were helpful with issues pertaining to their 'swath of land'.

[Kossetx]

In MAP's defense, the more I read, the more he seems right. It comes down to money...and they have more to defend themselves than most of us do.

After I find the easement agreement and call the pipeline I'll report back.

[The Crippler]

If it's an easement agreement from 1960, it's likely very vague and you may have some common law and statutory rights regarding damages to your surface. I'd consult an attorney.

[gonehuntin]

If it's an easement agreement from 1960, it's likely very vague and you may have some common law and statutory rights regarding damages to your surface. I'd consult an attorney.

[MAP]

you guys really have no idea how LITTLE power you have as a landowner.....

Read the lease agreements, they are not responsible for erosion or pipe's rising up. We are currently in our 3rd lawsuit with a pipeline company. Almost every major pipeline that has come from west Texas to the Port of Corpus over the past 10 years has gone through our place, we have learned a lot about them over the years. We also have problems with an old Enerfin pipeline that we have hooked and pulled up in multiple spots over the years. They refuse to do anything about it, currently the remaining line is only about 18" deep.

By Texas law they are not responsible for it, even if its not in your lease agreement.