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

See all articles by Matthew Brent Leonhard

Matthew Brent Leonhard

Confederated Tribes of the Umatilla Indian Reservation

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

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

Matthew Brent Leonhard (Contact Author)

Confederated Tribes of the Umatilla Indian Reservation ( email )

46411 Timíne Way
Pendleton, OR 98701
United States

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