In the field of property law, the concept of an easement plays a vital role in regulating rights of access, use, and restrictions over land. While often overlooked by property owners until a dispute arises, easements can significantly impact land value, usage, and neighbourly relations.
At Blackstone Solicitors, we provide expert legal advice and representation across England and Wales on all matters involving easements—whether establishing, disputing, or extinguishing them. This article explores the legal definition, creation, types, enforcement, and common disputes related to easements.
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For a free initial discussion with a member of our new enquiries team, get in touch with us today. We are experienced in dealing with all aspects of Easements and once instructed we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Definition of an Easement
An easement is a proprietary right enjoyed by one landowner over the land of another. It grants rights, not ownership, allowing a person (or landowner) to use someone else’s land in a specific way or to restrict its use.
These rights attach to the land itself—known as real property rights—and generally bind future owners of the land involved.
Terminology
- Dominant Tenement: The land that benefits from the easement
- Servient Tenement: The land that is burdened by the easement
For example, if Landowner A has the right to cross Landowner B’s field to access the highway, A’s land is the dominant tenement, while B’s is the servient tenement.
Legal Characteristics of an Easement
To be legally recognised as an easement under the law of England and Wales, certain criteria—established in the seminal case of Re Ellenborough Park [1955]—must be satisfied:
- There must be a dominant and servient tenement: Two separate landholdings are involved.
- The easement must accommodate the dominant tenement: It must benefit the land itself, not merely a personal convenience.
- The dominant and servient owners must be different persons.
- The right must be capable of forming the subject matter of a grant: It must be clearly defined and not excessively vague or wide-ranging.
Common Types of Easements
Easements may take various forms depending on the nature of the benefit conferred. The most common include:
Right of Way
Allows the dominant owner to pass over the servient land. This might be vehicular, pedestrian, or for specific types of access (e.g. livestock).
Right to Light
Grants a landowner the right to receive light through defined apertures (such as windows). This is often relevant in urban settings and can restrict developments on neighbouring land.
Right to Drain Water
Permits the dominant tenement to drain water or sewage through pipes on the servient land—particularly relevant with shared drainage systems.
Right of Support
Provides structural support from adjacent buildings or land. Common in terrace housing and shared wall arrangements.
Easement for Parking
A contentious but increasingly relevant form, especially in residential developments with shared car parks.
Creation of Easements
Easements can be created in a variety of ways—some formal, others arising from long-standing use or necessity.
Express Grant or Reservation
Created by formal deed between landowners. Typically arises during property sales when one owner retains rights over part of the land.
- Grant: Owner of servient land confers the right to another
- Reservation: Seller of land retains a right over land sold
Implied Easements
Recognised by law based on necessity or intention at the time of property conveyance.
- Easement of Necessity: Where land would otherwise be inaccessible (e.g. landlocked plots)
- Implied Grant under Section 62 of the Law of Property Act 1925: Converts certain licences into easements upon conveyance
Prescriptive Easements
Established through long and uninterrupted use (typically over 20 years) without formal agreement. The doctrine of prescription legitimises rights arising through tolerance, not grant.
- Must be open and without permission
- Use must be continuous and peaceable
- Often relevant for rights of way
Impact on Property Ownership
Easements affect both the enjoyment and value of land. While they may offer practical benefits (e.g. access), they may also impose restrictions (e.g. inability to build over a right of way).
For purchasers and developers, identifying existing easements—registered and unregistered—is critical. Failure to do so may result in costly legal issues, development delays, or breach of third-party rights.
At Blackstone Solicitors, we assist with title reviews, drafting easements into agreements, and negotiating with affected parties to protect our clients’ interests.
Registration and Formalities
Under the Land Registration Act 2002, easements created by express deed should be registered with HM Land Registry. Unregistered easements—particularly those arising by prescription—may still be enforceable but require evidence.
- Registered Easements: Appear on title documents
- Overriding Interests: Certain long-used easements may bind successors even if not formally registered
Disputes and Enforcement
Easements are a frequent source of legal disputes. Common issues include:
- Obstruction of right of way
- Dispute over extent of easement use
- Argument over prescriptive rights
- Development interference with light or drainage rights
Legal enforcement of easements includes:
- Injunctions: To prevent interference or obstruction
- Damages: For breach or unlawful denial of access
- Declaratory Relief: Clarification of rights by the court
Parties may seek to negotiate, mediate, or litigate depending on the nature and complexity of the dispute. Blackstone Solicitors represents clients in all forums—county courts, tribunals, and negotiated settlements.
Variation and Extinguishment of Easements
Easements can be varied or extinguished by:
- Mutual agreement
- Merger of ownership (where dominant and servient tenements become owned by the same person)
- Statutory intervention
- Abandonment (though this requires clear and prolonged evidence of intent to abandon)
Changes to easement terms should be documented formally and may require registration to maintain enforceability.
Practical Considerations for Clients
Easements are complex and technical in their legal operation. Whether buying, selling, developing or occupying land, parties must consider:
- Is there an easement on the land?
- Does it impact my intended use or development?
- Can it be challenged, varied, or extinguished?
- Should legal safeguards be put in place through deed or registration?
At Blackstone Solicitors, we offer comprehensive support in answering these questions, ensuring our clients make informed and protected decisions.
Final Thoughts
Easements represent one of property law’s more intricate and often misunderstood areas. Though they might appear straightforward—such as a path across a neighbour’s field—they carry significant legal implications and can influence value, development potential, and neighbourly dynamics.
Whether you are asserting, defending, or clarifying easement rights, it is vital to seek legal advice from professionals experienced in property law.
Blackstone Solicitors advises clients across England and Wales on the full spectrum of easement issues. Our team combines deep technical knowledge with practical guidance to deliver tailored solutions and confident decision-making.
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.
How to Contact Our Residential Property Solicitors
It is important for you to be well informed about the issues and possible implications of an 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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