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  • 17 minutes

Drafting Effective Easements - Nature of the Interest


Exclusive versus Non-Exclusive

If the easement doesn’t specify, presumption is non-exclusive. Because an easement right is non-possessory, it generally does not allow the party benefited by the easement to exclude others or to stop them from also enjoying the property. Thus, easements are generally non-exclusive. However, easements can be specifically granted as exclusive easements, allowing the holder of the easement right the ability to exclude others. This video reviews easements and their duration, the scope of an easement’s purpose, and termination and abandonment.

Runtime: 16 minutes
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Alaina King Benford

Alaina King Benford

Norton Rose Fulbright LLP

  • Energy and Infrastructure Partner in the Houston office of Norton Rose Fulbright US LLP
  • Has represented international energy companies, governmental and land owners in more than 100 eminent domain and condemnation matters in all phases of condemnation including trial and appeal
  • Has advocated for clients at more than 35 three-panel special commissioners evidentiary hearings
  • Part of a small group of lawyers in Texas who specialize in representing condemning entities involved in acquiring easements, property and rights-of-way for large projects involving pipelines, water pipelines, transportation projects such as light rail, utilities, drainage systems and levees
  • Frequent speaker on eminent domain and condemnation law, the right to take and easement construction and negotiation
  • Member of the International Right of Way Association, American Bar Association, Litigation Counsel of America, State Bar of Texas
  • Can be contacted at (713) 651-3666 or [email protected]
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