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.
Alaina King Benford
Jordan, Lynch & Cancienne PLLC
- Energy and Infrastructure Partner in the litigation boutique Jordan, Lynch & Cancienne PLLC
- Has represented international energy companies, government, and landowners in more than 100 eminent domain and condemnation matters in all phases of condemnation including trial and appeal
- Has advocated for clients in 50+ 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, and transportation projects such as light rail, utilities, drainage systems, and levees
- Frequent speaker on eminent domain, 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, and State Bar of Texas
- Can be contacted at 832-687-0220 or [email protected]
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