What Is an Easement and How Can It Affect Your Property?

An easement is a legal right that allows one property owner to use part of another person's land for a specific purpose. Easements run with the land, which means they continue regardless of who owns either property. They can be a source of significant dispute and, because many people do not know they exist until a problem arises, it is worth understanding how they work.

What Types of Easement Exist?

The most common easements are rights of way, which allow passage over another person's land, rights of light, which prevent a neighbour from building in a way that substantially reduces the light reaching your windows, rights of support, which prevent a neighbour from removing support that your building depends on, rights of drainage, which allow the passage of water or waste through another property, and rights of utilities, which allow services such as electricity or gas pipes to pass under or through neighbouring land.

How Are Easements Created?

Easements can be created expressly, where they are written into the title deeds of a property, impliedly, where the law implies an easement from the circumstances of a conveyance, by long use under the doctrine of prescription, where the right has been exercised openly and without permission for at least 20 years, and by statute in certain specific situations.

How Do You Know If Your Property Has an Easement?

Registered easements should appear on the property's title register at HM Land Registry. However, easements acquired by prescription or implied from circumstances may not be registered. A conveyancer carrying out a property transaction should identify known easements, but older rights and rights acquired informally may only come to light when a dispute arises.

What Happens If an Easement Is Interfered With?

Interference with an easement is known as obstruction. If a neighbour blocks your right of way, builds in a way that obstructs your right of light, or damages a pipe carrying drainage through their land, you can seek an injunction to stop the interference and damages for any loss suffered. The courts take interference with established easements seriously, particularly long-standing rights of way.

Can an Easement Be Extinguished?

Yes, in limited circumstances. Express release, where both parties formally agree to end the easement, merger, where both properties come into the same ownership, and abandonment, where the right has not been exercised for a long period with an intention to abandon it, can all extinguish an easement. Abandonment is difficult to establish and mere non-use is not enough.

Summary

Easements are legal rights over neighbouring land that run with the property regardless of changes in ownership. They can be created expressly, impliedly, or by long use. Interference with an easement can be restrained by injunction. A specialist property law barrister can advise on whether you have a valid easement claim and represent you in any dispute.

If you would like to discuss your situation or instruct a barrister for some early advice, we are happy to help. Get in touch with Barrister Connect here.