An easement is a legal right that allows one property to use part of another property for a specific purpose. Easements are attached to the land itself, not to individual owners, so they pass automatically to new owners when property is sold. Whether you’re buying, selling, or developing property, it helps to understand what easements are and how they work, as you may come across them in your property transactions.
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How does it work
An easement gives one property (called the dominant tenement) the right to use a portion of another property (called the servient tenement) for a specified purpose. The owner of the servient property cannot prevent the easement from being used, even though they still own the land.
Common purposes include passing across the land, running utilities underneath it, or draining water through it. Because easements run with the land, successive owners are bound by them, meaning the right continues even after the property changes hands.
Common types of easements
Right of way easements allow access across neighbouring land. These are often shared driveways, footpaths, or access tracks. Drainage easements permit water and waste to flow through neighbouring property to reach the public sewer or treatment facility. Sewer easements specifically cover underground pipes for sanitation purposes. Service easements allow utility companies or property owners to run water pipes, gas mains, electricity cables, and telecommunications lines beneath neighbouring land.
Right of light easements protect a property’s access to natural daylight through established windows; if a window has received daylight for at least 20 years without interruption, this right may be established. Rights of support protect buildings that rely on neighbouring structures or ground for physical stability, particularly with party walls.
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How easements are created
Easements arise in three primary ways:
Express easements are created by formal written agreement between property owners, typically recorded in the title deeds or at HM Land Registry.
Implied easements arise without written documentation when circumstances justify them, such as when the land becomes landlocked and would otherwise have no access to a public road, or when both parties intended an easement to exist at the time the land was divided.
Prescriptive easements develop through long-standing use: if someone has used land openly and continuously for at least 20 years without permission, and the landowner has not objected, a court may recognise that an easement has been acquired through prescription.
Finding easements when buying property
When purchasing a property, your solicitor will examine the title register and title plan from HM Land Registry to identify all easements that benefit and burden the property. Easements often appear in the Charges Register by agreement reference, and the title plan may show hashed boundaries or T marks indicating their responsibility for boundary maintenance. You should understand which easements benefit your property (allowing you to use neighbouring land) and which burden it (allowing others to use your land). A drainage pipe running under the garden may restrict your ability to build over it. Your conveyancer can explain what each easement means and how it might affect your use of the property.
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Impact when selling property
Easements are binding on future owners, so you must disclose them when selling. Easements that benefit your property (such as a right of way providing access) may be important for the property to function. Easements that burden your property may affect how you can use it, particularly if they restrict development or allow frequent access by others. Buyers are entitled to full information about any easements, so your solicitor will ensure these are clearly identified in the contract. Some easements are more restrictive than others: a shared driveway where both properties have equal rights operates differently from an easement allowing a utility company access for maintenance.
Impact on property development
Easements can restrict what you can do with your land. If you plan to build or extend, existing easements may affect your plans, particularly if they cross the development site. A drainage easement running through your garden may prohibit building over the pipe. A right of way across your land may limit how you can use that area. If you’re considering purchasing land for development, it’s worth establishing what easements exist and whether they will work with your intended use.
Intensive development that substantially increases the use of an existing easement may breach the terms if it causes unreasonable interference with the servient owner’s rights. Courts examine whether development represents a radical change in character or merely an intensification of existing use.
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Removing or changing easements
Easements are not easily extinguished. Simply not using an easement for a few years does not end it. Easements can end through merger, where both properties come into common ownership, or through express release by deed where the benefiting property owner formally agrees to give up the right. In rare cases, abandonment may occur if the dominant owner has shown clear and fixed intention never to exercise the right again. If you wish to end or modify an easement, you can negotiate with the other property owner to release or modify it, often through a formal deed of release. Alternatively, you may apply to court for relief, though this is typically an expensive process. If you’re planning a development or significant change of use that might be affected by an easement, it’s worth getting legal advice to understand how it might apply.
Easements and restrictive covenants
Easements and restrictive covenants are different legal mechanisms. An easement is a positive right allowing someone to do something on your land. A restrictive covenant is a negative restriction preventing someone from doing something with their own land. Both can affect how you use your property, but they operate differently. An easement allows a neighbour’s utility company to access pipes. A covenant might restrict you from building certain structures or running a business. Both are registered at HM Land Registry and both bind future owners. When buying or developing, it’s helpful to know about both easements and covenants so you understand what rights and restrictions apply to the property.
For guidance on easements affecting your property, speak with your local Ellis & Co branch today.
