When a Pennsylvania landowner receives a Pipeline Right-of-Way Agreement, one of the first things usually reviewed is the width of the proposed easement.
The landowner may see language such as:
- 25 feet;
- 40 feet;
- 50 feet;
- or another stated easement width.
Many landowners assume that this number defines the full scope of the company’s rights.
That assumption can be dangerous.
In many pipeline agreements, the stated easement width is only part of the story. The agreement may also contain:
- additional rights clauses;
- future expansion rights;
- undefined work space provisions;
- broad access rights;
- and language allowing activities extending well beyond the stated easement strip.
Before signing, Pennsylvania landowners should carefully evaluate not only the stated width of the easement, but also every clause affecting how the company may use the property.
The Stated Easement Width May Not Tell the Full Story
A Pipeline Right-of-Way Agreement may identify a permanent easement width of:
- 25 feet;
- 30 feet;
- 50 feet;
- or another specific number.
However, the agreement may separately authorize:
- temporary easement areas;
- additional temporary work space;
- access roads;
- future pipelines;
- above-ground facilities;
- or expansion rights.
As a result, the actual area affected by construction and long-term operations may be significantly larger than the stated permanent easement.
Temporary Easement Width Can Dramatically Expand the Impact
Many agreements contain separate temporary work space provisions.
During construction, the company may seek:
- trenching areas;
- staging areas;
- pipe storage areas;
- access roads;
- and additional temporary work space.
These temporary areas may:
- double;
- triple;
- or substantially exceed
the width of the permanent easement itself.
Landowners should carefully review:
- where temporary work space will be located;
- how large it will be;
- how long it may be used;
- and whether restoration obligations are clearly defined.
“Additional Rights” Clauses Can Create Major Long-Term Problems
One of the most important issues in any pipeline agreement is whether the company is granted vague or broad “additional rights.”
These clauses may allow:
- future pipelines;
- additional lines;
- replacement lines;
- relocated lines;
- expanded work space;
- additional access routes;
- communications lines;
- water lines;
- electric lines;
- or related facilities.
Sometimes the language appears minor.
In reality, it may significantly expand the company’s future rights.
A Landowner Should Never Assume the Agreement Covers Only One Pipeline
Many landowners believe they are signing for a single pipeline.
However, the agreement may authorize:
- additional pipelines later;
- parallel lines;
- larger replacement lines;
- or broad expansion rights.
If additional lines are permitted, the agreement should clearly address:
- how many lines are allowed;
- whether additional payment is required;
- and whether future consent is necessary.
A company should not receive future expansion rights without corresponding compensation and restrictions.
Undefined Access Rights Can Expand Easement Use
Some agreements contain very broad ingress and egress language.
The company may seek the ability to:
- enter from multiple locations;
- cross other portions of the property;
- create new roads;
- or use existing roads indefinitely.
Even if the permanent easement width appears narrow, broad access rights may greatly expand the actual impact on the property.
Access rights should be:
- specifically limited;
- mapped;
- and tied to defined locations whenever possible.
Above-Ground Facilities Can Affect More Than the Easement Strip
Additional-rights language may also permit:
- gas valves;
- meter stations;
- pig launchers;
- pig receivers;
- signs;
- fencing;
- electric equipment;
- and other above-ground facilities.
These facilities may significantly affect:
- appearance;
- development potential;
- property value;
- and future use.
A landowner should never assume that a “pipeline easement” involves only buried pipe.
Easement Width and Future Development
The wider the easement and associated rights, the greater the impact on future property use.
Restrictions may affect:
- building locations;
- driveways;
- roads;
- ponds;
- utilities;
- grading;
- excavation;
- and subdivision opportunities.
A landowner planning future residential or commercial development should carefully evaluate:
- how wide the permanent easement is;
- where it is located;
- and what future restrictions may apply.
Agricultural and Timber Impacts Can Be Significant
Pipeline easement width can also affect:
- farming operations;
- drainage;
- crop rotation;
- timbering;
- and equipment access.
Even temporary work space may create:
- compaction;
- grading issues;
- erosion;
- and long-term productivity concerns.
The broader the easement rights, the greater the potential impact.
Easement Width Must Be Reviewed Together With Compensation
A narrow easement with broad additional-rights clauses may actually burden the property more than a wider easement with strong restrictions.
That is why compensation should be evaluated together with:
- permanent easement width;
- temporary work space;
- access rights;
- additional-rights clauses;
- and future expansion rights.
The payment should reflect the full burden being imposed on the property.
Detailed Maps and Exhibits Are Essential
The agreement should include:
- detailed exhibit maps;
- fixed easement locations;
- temporary work space boundaries;
- and access routes.
Vague descriptions create long-term risk.
A landowner should avoid agreements allowing the company to:
- relocate easements;
- shift work areas;
- or later determine construction areas without approval.
Future Rights Should Require Future Compensation
If the company wants:
- additional pipelines;
- expanded easement width;
- additional work space;
- or additional facilities,
the agreement should require:
- future negotiation;
- future written consent;
- and additional compensation.
Broad future rights should never be granted casually.
Pipeline Easement Language Should Be Carefully Negotiated
The company’s form agreement is usually designed to maximize flexibility for the company.
That means:
- broad definitions;
- vague future rights;
- and expansion language
may already be built into the document.
A landowner should not focus solely on the stated width of the easement while ignoring broader clauses hidden elsewhere in the agreement.
Before Signing, Pennsylvania Landowners Should Ask:
- What is the permanent easement width?
- How wide is the temporary work space?
- Are additional temporary work space rights included?
- Does the agreement allow multiple pipelines?
- Are future expansion rights permitted?
- Are above-ground facilities authorized?
- Are access rights specifically limited?
- Are exhibit maps attached?
- Can the easement location change?
- Does future expansion require future compensation?
These questions can dramatically affect the long-term impact of the agreement.
Speak With a Pennsylvania Pipeline Attorney Before Signing
Pipeline easement width and additional-rights clauses can significantly affect Pennsylvania property for decades.
Before signing any Pipeline Right-of-Way Agreement, landowners should fully understand:
- the width of the permanent easement;
- temporary work space;
- future expansion rights;
- access rights;
- and all additional-rights language.
At The Clark Law Firm, PC, Attorney Doug Clark represents Pennsylvania landowners and gas-rights holders only. He does not represent pipeline companies.
If you received a Pipeline Agreement, Pipeline Addendum, or Pipeline Option Agreement, contact PipelineAttorney.com before signing.
