There are No Implied Easements Over Trust Lands
American Indian Law Review, Vol. 33, No. 2, Spring 2009
34 Pages Posted: 8 Nov 2009 Last revised: 29 Mar 2014
Date Written: April 1, 2009
Abstract
Those who regularly practice law in Indian Country have no doubt encountered the myriad of issues surrounding rights-of-way over Indian lands. They can be pernicious. Among them are claims by non-Indian fee land owners that they have an implied easement over adjacent trust lands. Far from being arcane, this issue is one faced by tribes on a regular basis. This article shows why there are no implied easements over trust lands.
Keywords: Implied Easements, Indian Native American Trust Land
Suggested Citation: Suggested Citation
Leonhard, Matthew Brent, There are No Implied Easements Over Trust Lands (April 1, 2009). American Indian Law Review, Vol. 33, No. 2, Spring 2009
, Available at SSRN: https://ssrn.com/abstract=1501713 or http://dx.doi.org/10.2139/ssrn.1501713
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