The legal adopation of renewable energy easement A comparative study

Volume 17, Issue: 2 part 1
Summer 2026
Pages 621-640

Authors

1 Iraqi university - Faculty of law and political science

2 College of Law and Political Science / University of Iraq

Abstract
Reliance on sustainable energy sources represents a global trend in energy generation, given their renewable, unlimited, environmentally friendly, and low-cost advantages. Governments are working to encourage reliance on and investment in sustainable energy.
It is well known that the operation of sustainable energy systems requires a geographical area to allow access to sustainable energy sources to the system, which creates a right of easement on neighboring property for the benefit of the owner of the sustainable energy system.
This easement raises a legal issue regarding the legal classification of this easement, given that it is a new form of easement that deviates from the traditional framework of easements in civil law and is not regulated by Iraqi civil law or by specific legislation.
This research attempts to determine the legal classification of sustainable energy easements through a comparative study of Iraqi, Egyptian, French, and American law.