Easements

Easements Explained

We provide legal advice on all aspects of easements.

Easements are legal rights that can significantly impact property ownership and development. Understanding how they work, how they are created, and how they can end is essential to avoid costly disputes.

What is an Easement?

An easement is a legal right that allows someone to use another person's land for a specific purpose, even though they don’t own it.
Examples include:

• A right of way (crossing someone’s land)
• A right to install and use services (such as pipes or cables)
• A right of entry to maintain boundary structures
• The person who benefits from the easement = dominant owner
• The person whose land is burdened = servient owner

Easements are important because they “run with the land”. That means they usually stay in place even when the property is sold, transferring both benefits and burdens to new owners.

The Four Characteristics of an Easement

According to the case Re Ellenborough Park (1956), a right qualifies as an easement if it meets these four tests:

1. There must be a dominant and servient tenement

   • Two pieces of land must exist: one benefits, one is burdened.

2. The right must accommodate the dominant land

   • It must benefit the land itself, not just the personal preferences of the owner.

3. Different ownership

   • The dominant and servient land must be owned by different people.

4. Capable of grant

   • The right must be clearly defined and legally recognised (e.g., rights of way, light, support, utilities).

How Are Easements Created?

Easements can come about in several ways:

• Express grant or reservation – clearly written into a deed.
• Implied grant – arises automatically in situations such as:
  • Necessity (e.g., access to landlocked property)
  • Common intention (both parties clearly intended it)
  • Wheeldon v Burrows rule (rights continue after sale of part of land).
• Prescription – long, continuous use (usually 20 years) without permission, secrecy, or interruption can create legal rights.

Key Takeaways

• Always check for easements before purchasing or developing property.
• Don’t assume regular use equals a legal right – investigate carefully.
• Easements can be complex, but with the right advice, they can be managed effectively.

Need Advice ?

If you are buying, selling, or developing property and think easements may be involved, our specialist solicitors can help.