Easements form an essential part of land law in England and Wales, governing rights enjoyed by one parcel of land over another. Whether involving access, drainage, light, or services, easements are central to property use and ownership. One particular legal construct—the quasi-easement—arises not from formal agreement but from the evolution of land ownership and occupation. While lesser-known, quasi-easements hold considerable legal significance, especially during the transfer or division of land.
At Blackstone Solicitors, we provide expert guidance on all types of easements, including quasi-easements, and how they affect rights, disputes, and transactions. This article explains the nature, origin, and legal consequences of quasi-easements, helping landowners and legal professionals alike to better understand their application.
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Easement: A Brief Overview
An easement is a right that allows one landowner (the dominant tenement) to use another person’s land (the servient tenement) for a specific purpose. Common examples include:
- A right of way
- A right to light
- A right to run utilities or drainage
- A right of support
Easements may be created formally (by deed) or informally (by long use or legal implication). They can affect land value, use, development and disputes.
What Is a Quasi-Easement?
A quasi-easement is a right enjoyed by one part of a single owner’s land over another part, prior to the land being sold or divided. Upon division—when one part is sold or transferred—those rights may transform into actual easements benefiting the new owner, under legal doctrine.
Quasi-easements are not easements in the strict sense while the land is in common ownership. However, they may become binding and enforceable rights after separation of ownership, through the operation of law—specifically Section 62 of the Law of Property Act 1925, or through implied grant or reservation.
Example of a Quasi-Easement Becoming an Easement
Imagine a landowner owns a large estate with two sections:
- The main house
- An outbuilding accessed via a driveway over adjoining land
While both parcels belong to the same owner, the use of the driveway does not constitute an easement—since one cannot have an easement over one’s own land. However, if the outbuilding is sold and the driveway was used consistently to access it, that use may become an enforceable easement by implied grant, or under Section 62, granting legal rights to the buyer.
Thus, the previously informal access right—formerly a quasi-easement—may acquire legal status.
How Are Quasi-Easements Recognised by Law?
Quasi-easements are typically converted into easements under three key doctrines:
- Section 62 of the Law of Property Act 1925
This section allows conveyancing rights used or enjoyed “with” land to be transformed into legal easements upon conveyance. To qualify:
- There must be prior diversity of occupation (e.g. part of the land occupied separately, such as by a tenant)
- The right must be continuous and apparent (visible and consistently used)
- The conveyance must be by deed (standard in property transfers)
Section 62 operates automatically unless expressly excluded, converting certain quasi-easements into fully-fledged easements.
- Implied Grant or Reservation
Even without Section 62, the courts may infer an easement upon transfer of land where:
- It’s necessary for reasonable enjoyment of the property
- There was prior use known and accepted by both parties
- No express easement was created during the transaction
Implied grants often arise in sales of part—when a seller retains land and the buyer needs access or utilities over it.
- Easement of Necessity
Where access or essential use is required and no other lawful method exists, an easement of necessity may be implied. The court considers whether the easement is absolutely necessary—not merely convenient.
Characteristics of Quasi-Easements
Quasi-easements are typically:
- Used intra alia—between two parts of land under the same ownership
- Apparent—physically visible or clearly used
- Continuous—regular, habitual and obvious use
- Capable of becoming easements—once land ownership divides
They do not require prior formal documentation or registration but may be recognised retrospectively through property transactions.
Legal Considerations in Property Transactions
When selling part of a property or estate, it is vital to:
- Identify any historic or ongoing use rights between sections of land
- Assess whether such rights meet criteria for conversion under Section 62 or implied grant
- Explicitly include or exclude easement creation clauses in the transfer deed
- Examine whether the quasi-easement is necessary for enjoyment of the land
Solicitors must carefully draft and review conveyancing documentation to reflect rights and prevent unintended creation or omission of easements.
At Blackstone Solicitors, we support clients in drafting robust transfer deeds and conducting thorough title investigations to protect their interests.
Common Quasi-Easements in Practice
- Driveway access used by one building over land retained by the seller
- Pipes and drainage running across adjoining parcels of land
- Use of shared gardens or passageways
- Rights to park vehicles on retained land
- Right of access for deliveries or services
If such uses are long-established and consistent, and land is divided, they may give rise to easements—potentially enhancing or restricting land use and value.
Risks and Disputes
Failure to account for quasi-easements during sale or development may result in:
- Loss of access or essential services
- Legal disputes between new landowners
- Restrictive development conditions
- Boundary or usage disagreements
For example, a buyer relying on a shared access way may lose their right if it was not converted to an easement upon purchase. Conversely, a seller may unwittingly grant long-term rights they intended to reserve.
Careful drafting and legal oversight are critical.
Best Practice for Landowners and Buyers
- Identify existing use patterns between parts of land
- Instruct solicitors to analyse Section 62 implications
- Include or exclude easement clauses clearly in transfer documents
- Register any newly created easements with HM Land Registry
- Maintain records of use and occupation in advance of sale
Blackstone Solicitors provides tailored advice to ensure smooth transitions and protection of rights during land sales and transfers.
How Blackstone Solicitors Can Help
We offer expert services for:
- Drafting and reviewing property transfers
- Advising on implied and quasi-easements
- Resolving disputes arising from shared rights and access
- Negotiating easement terms and indemnity provisions
- Representing clients in court proceedings if necessary
- Assisting with registration and legal formalities at HM Land Registry
Whether selling part of your property, acquiring land with shared access, or facing a dispute, our team offers clear, practical and legally robust solutions.
Final Thoughts
Quasi-easements, while not easements in their own right, play an important role in determining property rights upon sale or division. They reflect historic or functional use between different parts of land and, through established legal doctrines, can become binding easements affecting ownership, development and use.
Understanding how and when a quasi-easement transforms into a legal right is essential for landowners, buyers and solicitors alike. At Blackstone Solicitors, we ensure that our clients’ interests are protected and all relevant rights are accurately recognised and lawfully managed in accordance with property law in England and Wales.
How we can help
We have a proven track-record of helping clients deal with easements. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
Deciding when (or whether) to incorporate, what kind of ownership
How to Contact Our Residential Property Solicitors
It is important for you to be well informed about the issues and possible implications of a quasi easement. However, expert legal support is crucial in terms of ensuring a positive outcome to your purchase.
To speak to a member of our New Enquiries Team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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