Five FAQs on easements

 

What precisely are easements?

The definition of an easement is the right to have access to land or waterway. What this means in practice is that if an easement is granted, it allows a person to cross the land or waterway owned by another person. As easements are a component of property law, consult with a property lawyer if you are unsure how an easement could affect your land.

Can you give me a practical example of an easement?

If you buy a house that relies on you using the driveway of your neighbours to gain access, the right that you have to use your neighbour’s drive is an easement. You will also see an easement more commonly referred to as a right of way. If you have any questions about a right of way you want to use, consult with a property solicitor.

Should easements be part of the conveyancing process?

Yes, as gaining your easement could mean the difference between being able to buy the house you want, and being prevented from completing the purchase. One of the most important things to consider with easements is if the land to which they are attached is sold to a new owner. The new owners of the land may not want to continue offering the right of way you have been using.

Can I ensure that an easement is always honoured?

Your property solicitor will tell you whether or not an easement is registered with the Land Registry during the conveyance process. If it is not, or if you want to create a new one, your property solicitor will be able to advise you.

How can my solicitor help with an easement I need to manage?

Access to property can be one of the most time consuming and complex areas of conveyancing to complete. The views and attitude of the owner of the land over which the easement applies could, for example, put conditions on your use of the right of way. Your solicitor can negotiate to ensure your easement isn’t punitive and also is safeguarded from alternation or termination.

If you would like to obtain legal advice on easements, Caven can put you in touch with a local property solicitor free of charge. So, if you have any questions or would like our help in finding local property solicitors please call us on 08001 221 2299 or complete the web-form above.

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