A right-of-way is the right to use the strip of land over and around a pipeline which the pipeline company acquires from the landowner. Representatives of the pipeline company, typically referred to as right-of-way agents, locate the property owners through an examination of public records and begin negotiations to secure a right-of-way or easement agreement.
An easement gives a person or entity the right to use the land of another for a particular purpose, such as a pipeline route, but does not convey ownership.
There are basically two types of easements, a temporary easement and a permanent easement. A temporary easement designates additional surface area above and around the pipeline which will be used during the construction phase. This type of easement agreement will specify the amount of time needed and the specific uses allowed. The surface owner will in turn receive compensation for the temporary easement and surface damages due to construction.
Once the pipeline is completed, a permanent easement provides the pipeline company with a permanent, limited interest in the land so that it may operate, test, inspect, repair, maintain, replace and protect one or more pipelines on the property owned by others. Surface owners may be restricted on their future use of the land on a permanent easement to ensure the pipeline’s longevity and safety, but still maintain ownership.
Property owners may install a variety of surface amenities above pipelines, including sidewalks, driveways, parking lots and shallow-rooted landscaping. To maintain the integrity of the pipeline and allow for safety inspection access, deep-rooted landscaping and permanent structures are not permitted on pipeline easements.