Q: What are my rights with gas pipeline easement in NJ?
I am a property owner trying to build a fence, and there's a gas pipeline easement recorded in my property survey. I've followed all published requirements by the gas company and received consent after due process. However, an employee or team from the gas company is objecting due to a potential future project. I have communicated with them and have an email mentioning this future project. Despite having the consent document, this employee is threatening to rescind it, but I have not received any official communication back in three days. What are my rights as a property owner in this situation?
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A:
As a property owner, you have the right to use your land, but with certain limitations due to the easement for the gas pipeline. Since you’ve received consent from the gas company, that approval should generally protect your right to build the fence, as long as it doesn’t interfere with the pipeline or any future work. The gas company’s employee may be raising concerns about a future project, but without official communication, those concerns should not override the consent you already received.
Your rights include the ability to rely on the written consent you were given. However, the gas company may still have certain rights under the easement agreement, such as access to maintain or upgrade the pipeline. If the employee is threatening to rescind consent without following proper procedures or without official communication, they may be overstepping.
It would be best to document all your communications and keep a record of any official responses from the gas company. If the situation isn’t resolved, you may need to consult with a real estate attorney to understand the specifics of the easement and enforce your rights. It’s important to make sure that any future actions taken by the gas company are aligned with the terms of your easement and consent.
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