If you’re considering buying or developing land, understanding any existing easements and their implications is critical. Easements play an essential role in property law and can have a significant impact on how the land is owned, used, and accessed.
Here’s everything you need to know about easements.
Defining an easement
An easement is a legal right that allows someone to use a portion of the landowner’s land for a specific purpose. Easements commonly affect neighbouring properties and often serve practical functions, such as providing access or utilities.
An easement often benefits one piece of land, known as the ‘dominant tenement’, at the expense of another, the ‘servient tenement’.
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Common types of easements
Several types of easements are frequently encountered in the UK:
Right of way
One of the most common types, this allows the owner of one property to cross over another’s land to access their own. For example, if your driveway requires you to cross a neighbour’s property, you likely have a right-of-way easement.
Utility easements
These allow public utility companies to install or maintain services such as electricity, gas, water, or sewerage across private property.
Drainage easements
Often granted when one property’s drainage needs to pass through another person’s land.
Light and air easements
This less common type ensures that a property owner maintains access to natural light or air across another property. For example, an owner might have an easement preventing their neighbour from building a structure that blocks sunlight from reaching their windows.
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How are easements created?
Easements can be created in several ways:
Express grant
This happens when one landowner explicitly grants another a right to use their land for a particular purpose. It is usually done through a deed.
Implied grant
These easements arise when it’s assumed that a right exists because it’s necessary for the enjoyment of the property. For example, when a property is sold, it may be implied that there is a right of access over neighbouring land.
Prescriptive easement
A right gained over time, usually through long-term, uninterrupted use without the explicit permission of the landowner. This often requires at least 20 years of continuous use.
By necessity
Easements can also arise out of necessity if there is no other way to reasonably access the land, such as in the case of landlocked properties.
Can easements be removed?
Easements are generally permanent, but they can sometimes be removed. This can happen through legal agreement, where both parties agree to remove the easement, or if the easement is no longer needed due to changes in property ownership or layout.
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Why are easements important?
Understanding easements is essential for homeowners and prospective buyers, as they can affect how you use your property and interact with your neighbours. Easements can restrict your freedom to make certain changes or developments to your land. If you’re buying property, it’s vital to check whether any easements are in place, as they might impact your enjoyment or usage of the land.
For more expert guidance, contact your local Martin & Co branch today.
