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Easements and Rights-of-Way: What Old Grants Authorize and What New Ones Must Say

A century-old deed can decide who owns the minerals, who collects for fiber, and whether a corridor reverts. Learn to classify legacy grants as fee or easement, spot scope-expansion exposure, and draft purpose, upgrade, and co-location clauses that survive the next use.

2026-12-18 12:00:00

Program Details

2026-12-18 12:00:00

2026-12-18 12:00:00

2h CLE Credits

2026-12-18 12:00:00

Program Details

2026-12-18 12:00:00

Program Details

2026-12-18 12:00:00

Over 1,000+ webinars

2026-12-18 12:00:00

Course Overview

The Grant Was Signed Before Fiber Existed. The Lawsuit Wasn’t

2026-12-18 12:00:00

Right-of-way disputes are no longer about railroads alone. Fiber optic lines now run on railroad and electric corridors granted for very different purposes. Boerschig v. Rio Grande Electric Cooperative (Tex. 2026) and the pending class actions have put scope expansion back in front of courts. Every case turns on one question: what did the old grant actually authorize?

Misread a granting or habendum clause, and fee becomes easement. Misclassify the strip, and mineral, subsurface, and reversion rights shift. Overlook Brandt Revocable Trust v. United States, and 1875 Act corridors get treated like private deeds. Ignore Texas Utilities Code § 43.053 or the Indiana FIBRE Act, and the statute drafts for you. Leave compensation triggers vague, and trespass and inverse condemnation exposure follows.

You walk out with an interpretive framework for analyzing legacy grants and spotting fee-versus-easement ambiguity. You also get clause-level drafting guidance on purpose, upgrade, co-location, apportionment, compensation, and termination provisions. This is practitioner judgment applied to real instruments, built for grants that must survive technology changes no one can yet name.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Classifying Legacy Grants
Apply the granting-versus-habendum framework, “right of way” as words of limitation or description, and surrounding circumstances such as consideration paid and form deeds to classify a nineteenth-century corridor grant.
02
Federal and State Rules
Determine how the 1875 Act, Great Northern, and Brandt Revocable Trust v. United States, plus state classification presumptions and the centerline and strip-and-gore rules, change the fee-or-easement answer.
03
Downstream Ownership Consequences
Trace how the initial classification controls mineral, subsurface, and airspace ownership and drives reversion and abandonment outcomes.
04
Measuring New Uses
Assess how courts measure fiber on electric and railroad easements against an old purpose, including Boerschig v. Rio Grande Electric Cooperative (Tex. 2026) and the active fiber class actions.
05
Drafting Scope Clauses
Choose between specified-use and general utility purpose language, then add upgrade, technology-neutral, co-location, apportionment, and third-party licensing terms that authorize the next use.
06
Statutory and Compensation Overlays
Factor in Texas Utilities Code § 43.053 and the Indiana FIBRE Act, then draft compensation triggers and termination, non-use, and relocation provisions that limit trespass, inverse condemnation, and abandonment exposure.

Program schedule

clock 12:00 pm - 1:00 pm EST

Fee Strip or Easement: Deciding What an Old Grant Authorizes

This session examines how courts determine whether an old deed or right-of-way grant conveys a fee simple strip or a mere easement — a distinction that controls mineral rights, reversionary claims, and authorized uses for decades after the original transaction. Attorneys will learn the interpretive framework courts apply to granting clauses, habendum clauses, and surrounding circumstances, and will trace how that initial classification drives downstream disputes over abandonment, reversion, and scope of authorized use. Attendees will leave able to analyze legacy grants, spot fee-vs.-easement ambiguities, and advise clients on litigation exposure and transactional risk.

Danaya C. WrightDanaya C. Wright
clock 1:10 pm - 2:10 pm EST

Drafting for the Next Use: Purpose, Upgrade, and Co-Location Clauses in Modern Right-of-Way Grants

Once a corridor is classified, the fights move to what the grant permits — and modern infrastructure keeps testing that boundary. This session takes the scope-expansion litigation of the last three decades, from fiber optic installations on railroad and electric corridors through Boerschig v. Rio Grande Electric Cooperative (Tex. 2026) and the pending class actions, and turns it into drafting practice. Attorneys will learn how purpose language, upgrade and co-location provisions, apportionment and sublicensing terms, compensation triggers, and termination clauses either authorize or foreclose the next generation of use, and how state statutory regimes such as Texas Utilities Code § 43.053 and the Indiana FIBRE Act shift drafting burden between the legislature and the practitioner. Attendees leave with clause-level guidance for grants that must survive technology changes they cannot yet name.

Danaya C. WrightDanaya C. Wright
Danaya C. Wright

Danaya C. Wright

University of Florida Levin College of Law

Danaya C. Wright

Danaya C. Wright

University of Florida Levin College of Law

Danaya C. Wright is the T. Terrell Sessums and Gerald Sohn Professor in Constitutional Law at the University of Florida Levin College of Law, where she has taught since 1998. A prolific legal historian and scholar, she teaches and writes across constitutional law, property, trusts and estates, legal history, and feminist theory. Her research spans nineteenth-century English divorce and marriage law, nineteenth-century American property rights involving railroads and utilities, women’s rights and constitutional protections, and cutting-edge questions such as the property implications of drone delivery systems—work that has been cited by the U.S. Supreme Court and numerous federal and state courts.

Education & Credentials

Professor Wright holds a Ph.D. in Political Science from Johns Hopkins University and a J.D. cum laude from Cornell University. She also earned an M.A. in Liberal Education from St. John's College, an M.A. in English Literature from the University of Arizona, and a B.A. in English Literature from Cornell University.

Recognition & Leadership

Professor Wright holds a named chair as the T. Terrell Sessums and Gerald Sohn Professor in Constitutional Law. Her empirical work on testate and intestate distributions earned her a grant from the ACTEC Foundation and acclaim in the probate and trusts field, and her scholarship has been cited by the U.S. Supreme Court and many other courts. She has authored two chapters—on transfer-on-death deeds and on rail-trail conversions—for the preeminent property treatise Powell on Real Property.

Professional Involvement

A widely published scholar, Professor Wright has written dozens of articles appearing in journals as diverse as the Iowa Law Review, the William & Mary Bill of Rights Journal, the Columbia Journal of Gender and the Law, Environmental Law, the Wisconsin Law Review, the Australian Journal of Legal History, and Hawwa: Journal of Women of the Middle East and the Islamic World. She has authored a popular Trusts and Estates casebook, co-authored a skills book introducing students to the practice of trusts and estates, and contributed a chapter to a forthcoming Disaster Law Handbook. Her most recent book examines the noted Chancery case in which the Romantic poet Percy Bysshe Shelley lost custody of his children because of his revolutionary and atheistic writings.

Experience

Over a distinguished academic career, Professor Wright has taught at Arizona State University Law School, Indiana University School of Law at Indianapolis, and Georgetown University Law Center in addition to UF Law, where she has taught subjects including constitutional law, property, trusts and estates, legal history, feminist theory, the constitutional law of property, and theories of property. Her scholarship has ranged across recreational trails and rails-to-trails conversions, the history of English family law, the Equal Rights Amendment and constitutional amendment procedures, constitutional takings law, drone delivery systems, and legal reforms in intestacy and probate law to address land loss and the heirs' property problem. Through her teaching and extensive scholarship, she remains an influential voice at the intersection of legal history, property, and constitutional law.
Danaya C. Wright

Danaya C. Wright

University of Florida Levin College of Law

Danaya C. Wright is the T. Terrell Sessums and Gerald Sohn Professor in Constitutional Law at the University of Florida Levin College of Law, where she has taught since 1998. A prolific legal historian and scholar, she teaches and writes across constitutional law, property, trusts and estates, legal history, and feminist theory. Her research spans nineteenth-century English divorce and marriage law, nineteenth-century American property rights involving railroads and utilities, women’s rights and constitutional protections, and cutting-edge questions such as the property implications of drone delivery systems—work that has been cited by the U.S. Supreme Court and numerous federal and state courts.

Education & Credentials

Professor Wright holds a Ph.D. in Political Science from Johns Hopkins University and a J.D. cum laude from Cornell University. She also earned an M.A. in Liberal Education from St. John's College, an M.A. in English Literature from the University of Arizona, and a B.A. in English Literature from Cornell University.

Recognition & Leadership

Professor Wright holds a named chair as the T. Terrell Sessums and Gerald Sohn Professor in Constitutional Law. Her empirical work on testate and intestate distributions earned her a grant from the ACTEC Foundation and acclaim in the probate and trusts field, and her scholarship has been cited by the U.S. Supreme Court and many other courts. She has authored two chapters—on transfer-on-death deeds and on rail-trail conversions—for the preeminent property treatise Powell on Real Property.

Professional Involvement

A widely published scholar, Professor Wright has written dozens of articles appearing in journals as diverse as the Iowa Law Review, the William & Mary Bill of Rights Journal, the Columbia Journal of Gender and the Law, Environmental Law, the Wisconsin Law Review, the Australian Journal of Legal History, and Hawwa: Journal of Women of the Middle East and the Islamic World. She has authored a popular Trusts and Estates casebook, co-authored a skills book introducing students to the practice of trusts and estates, and contributed a chapter to a forthcoming Disaster Law Handbook. Her most recent book examines the noted Chancery case in which the Romantic poet Percy Bysshe Shelley lost custody of his children because of his revolutionary and atheistic writings.

Experience

Over a distinguished academic career, Professor Wright has taught at Arizona State University Law School, Indiana University School of Law at Indianapolis, and Georgetown University Law Center in addition to UF Law, where she has taught subjects including constitutional law, property, trusts and estates, legal history, feminist theory, the constitutional law of property, and theories of property. Her scholarship has ranged across recreational trails and rails-to-trails conversions, the history of English family law, the Equal Rights Amendment and constitutional amendment procedures, constitutional takings law, drone delivery systems, and legal reforms in intestacy and probate law to address land loss and the heirs' property problem. Through her teaching and extensive scholarship, she remains an influential voice at the intersection of legal history, property, and constitutional law.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs