DoD has used and will use ICs in remedial activities during cleanup and as part of a final remedy. A proprietary control is a private contractual mechanism contained in the deed or other document transferring the property. Proprietary controls involve the placement of restrictions on land through the use of easements, covenants, and reversionary interests. Easements, covenants, and reversionary interests are nonpossessory interests. Nonpossessory interests give their holders the right to use or restrict the use of land, but not to possess it.
State law varies on the application and enforcement of such restrictions.
An easement allows the holder to use the land of another, or to restrict the uses of the land. For example, a conservation easement restricts the owner to uses that are compatible with conservation of the environment or scenery. If the owner violates the easement, the holder may bring suit to restrain the owner. For example, allowing a neighbor to walk across your land to get to the beach. The neighbor's land, the holder of the easement, benefits by having beach access through your land.