Defining the Easement

In order for Spectra Energy to cross private and public land with the pipeline, certain property interests must be obtained from the landowner. These interests are contained in a document called a grant of easement. The grant of easement provides Spectra Energy with the necessary rights to construct, operate and maintain the pipeline facilities authorized by the Federal Energy Regulatory Commission.

After the landowner and Spectra Energy agree to the amount of compensation to be paid by Spectra Energy, the landowner signs the easement document, which is then placed on record at the county registry of deeds. The rights and responsibilities described in the document “run with the land” and remain effective with future owners.

The grant of easement conveys to Spectra Energy the use of the right of way, but the actual fee for ownership of the property remains with the landowner. Because the pipeline is buried, the landowner may resume use of the surface of the right of way after construction and restoration, subject to some limitations discussed in the Use of the Pipeline Right of Way section.

Property needed for any aboveground facilities, such as compressor stations, meter stations and valve sites, is usually purchased outright, that is, “in fee,” by Spectra Energy.