Encroachment - pipeline maintenance - who pays?

[jimboburnsy]

Originally Posted by MAKATTACK

I have a copy of the authorization from Shell, but all it says it that it authorizes the people to build and doesn't violate Shell's rights.

As for the shell Pipeline Right of Way Agreement....I don't know about that.... Would I need that or Buckeyes since Buckeye bought the pipeline from Shell but Shell is who gave original authorization?

The original easement from the landowner to Shell is what you need to examine. Buckeye can't change the terms and conditions of the instrument creating the R.O.W. without the joinder of the landowners.

[K'ledgeBldr]

Originally Posted by MAKATTACK

... it authorizes the people to build and doesn't violate Shell's rights.

That means- "build at your own risk".
"Shell's (or "utility company") rights" are still intact. Which means that if for any reason they had to access the pipeline (dig and expose) they can. The digging may not pose a direct "destruction of property/structure" but, it could damage the structure's foundation because of the excavation.
I have dealt with easements from a building and selling standpoint. There's no gray area. If you encroach you are at risk of damage and/or destruction of property/structure(s). The only correction the "utility company" has to do is correction of the grade (topography) to eliminate or reduce erosion and/or damage to the utility.