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If you don’t watch your backside someone is likely to take a big bite out of it. Keep your lines of communication open. You should have ways of contacting the right of way agent, contractor and Grantee. Keep the phone numbers handy during the duration of the project.

The first thing to realize is that the Grantee will keep good records.....

However, now is the time to make sure that this easement covers only one cable, pipeline, transmission line or whatever they intend to install. These are called single line rights and are common. Though I have not discussed it yet, condemnation only affords the Grantee single line rights. If the Grantee should wish to add another line at a later date, they will have to enter into new negotiations for another easement. You need to demand that the easement be modified to cover just one line. This can be done by deleting references to multiple lines or preferably by constructing a separate clause stating that single line rights apply.

The Grantee is going to place facilities on your property. You need to feel safe being around the stuff. Find out exactly what will be put in place and just where inside the easement it will be located. Are above ground lines going to be high enough to accommodate all your activities? Are buried things going to be deep enough to be easily avoided by normal working of the land? Are ground level objects going to present problems with working the land? You must answer all these questions based upon your experience and convey the conclusions to the.....

Okay, you have successfully negotiated your Grant of Easement and Right of Way; it has been signed, notarized and recorded at the courthouse. The initial consideration was just a down payment and now you have been paid in full. If you haven’t been fully compensated and the contractor shows up, shut him down - he is trespassing and the terms of the Grant have been violated.

The best situation is to be present during construction; if you can’t be there personally, arrange for someone that you trust to be present as your representative. Make sure your representative knows what your possible concerns may be. Give.....

Chapter IV - Eminent Domain

He will have to prove that he has the power of Eminent Domain, prove that he has negotiated in good faith, prove that the taking is in the public’s interest, and prove that the compensation offered for the parcel is reasonable. Once he files suit, he becomes the Condemnor and you the Condemnee.

From time to time the Grantee will perform maintenance on their right of way and facilities. They have the rights of ingress and egress as conveyed in the Grant. For the most part, the Grantee will not enter the right of way directly but will have regular aerial inspections or will drive by the site.

If it becomes necessary for the Grantee to enter the right of way, damages can occur and you will be entitled to compensation. Document any such damages and contact the.....

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