Pipeline Easements and rights of way for linear structures represent one of the most specific and contentious areas of Georgian real estate and energy law. The development of energy infrastructure—whether oil pipelines, gas pipelines, water supply pipes, or sewage systems—inevitably requires the use of privately or state-owned land plots. An easement (servitude) is a limited right to use another's property, allowing the pipeline owner to route a pipeline through another's land and perform maintenance, while the landowner retains ownership rights, albeit with certain restrictions (e.g., prohibition of construction within the pipeline protection zone). This issue is critically important for infrastructure companies needing uninterrupted project implementation and for landowners entitled to fair compensation.
Real estate and energy law specialists represented on the Legal.ge platform offer qualified services regarding pipeline easements. This service includes:
- Drafting and negotiating easement agreements: Agreeing on the terms of a voluntary easement between the landowner and the company, detailing usage rules, timelines, and compensation amounts.
- Legal assessment of compensation: providing legal support during the valuation of market value and damages caused by land use restrictions to protect the client's financial interests.
- Establishing necessary easements through court: If parties cannot agree, the lawyer ensures the acquisition of the right to necessary way and communications via litigation.
- Managing expropriation processes: In cases of projects of state importance (e.g., main gas pipelines), legal accompaniment of procedures for property expropriation for necessary public need.
- Registration of easements in the Public Registry: Official registration of the agreed right, granting it legal force in relations with third parties.
Disputes and needs related to pipeline easements often arise in the following real-world scenarios:
- A gas distribution company wants to gasify a new settlement, but the pipeline route passes through private agricultural lands. Farmers demand compensation for crop damage and restrictions on land cultivation.
- A developer plans to build a residential complex but discovers an old, unregistered water pipe on the plot that prevents foundation pouring. Legal regulation of pipe relocation is required.
- A landowner wants to build a house, but the pipeline company refuses permission citing violation of the protection zone (so-called buffer zone). A lawyer investigates the legality of this restriction.
- An operator of an international oil pipeline (e.g., Baku-Tbilisi-Ceyhan) needs to renew easement agreements or use new land plots for maintenance works.
The main regulatory act in this field is the Civil Code of Georgia, which defines the concept and types of servitudes. Also crucial is the Law of Georgia on the Rule of Expropriation of Property for Urgent Public Necessity, used during the construction of strategic pipelines when voluntary agreement fails. The Law on Oil and Gas establishes special regimes for oil and gas pipelines. Additionally, technical regulations apply (e.g., regarding protection zones of main pipelines and their operation rules), defining safety distances.
Working with a Legal.ge specialist ensures legal clarity of the process. For landowners, a lawyer is a guarantee that they will not fall victim to the arbitrariness of large infrastructure companies and will receive adequate compensation. For companies, a lawyer is a tool to avoid project halts due to endless court disputes. Correctly executed easement agreements mean stable relationships for years.
Find real estate and energy law experts on Legal.ge. Our platform gives you access to lawyers experienced in both negotiations and litigation. Protect your property rights or ensure the success of your infrastructure project with qualified support.
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