Easements give legal rights to access or land use, but what happens when a property owner blocks or interferes with one? Whether it’s a right of way, drainage access, or utility connections, easements are legally binding, and blocking them can lead to disputes. In this guide, we break down your rights, what to do if an easement is obstructed, and how to avoid legal headaches.
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. Easements help ensure properties can function properly, whether by providing access, drainage, or utility connections. They are legally binding and often remain in place even if the property is sold to a new owner.
Common examples
Right of way: Allows access across a neighbour’s land, such as a shared driveway or footpath.
Utility access: Grants utility companies the right to install or maintain electricity, gas, or broadband cables on private land.
Drainage rights: Allows water or sewage to flow through underground pipes on someone else’s land.
How are easements created?
There are several ways easements can be legally established:
✅ Express grant: A written agreement between property owners that clearly defines the easement’s terms. This is the most straightforward and legally secure method.
✅ Implied easement: Arises when land is sold, and continued access is necessary for the reasonable use of the property (e.g. if a landlocked property requires access through neighbouring land).
✅ Prescriptive easement: Created when someone has used the land continuously and openly for at least 20 years without permission or dispute. This type of easement is often claimed for paths, driveways, or access roads. You can learn more in our guide to what are easements by prescription.
✅ Statutory easement: Established by law, such as public rights of way or easements granted to utility companies for essential infrastructure.
💡 Tip: Easements can be complicated, especially if ownership disputes arise. If you’re buying or selling land, an easement solicitor can review property deeds to check for existing easements and help resolve any legal issues before they become a problem.
Can you block access to an easement?
No, a property owner cannot legally block a valid easement. Easements grant enforceable rights to the benefiting party, meaning the landowner cannot obstruct, restrict, or interfere with access. If they do, it may lead to legal consequences.
What happens if an easement is blocked?
If an easement is obstructed, the person who benefits from it has several legal options:
✅ Request the obstruction be removed: The first step is to ask the landowner to clear the blockage, ideally through a written request.
✅ Apply for an injunction: If the landowner refuses, the affected party can take legal action to obtain a court order requiring the removal of the obstruction.
✅ Claim compensation: If blocking the easement causes financial loss (e.g. preventing access to a business or home), the benefiting party may be entitled to damages.
💡 Tip: If an easement dispute arises, seeking legal advice from a property solicitor can help you understand your rights and take the right steps to resolve the issue quickly.
Can a new owner terminate an easement?
Generally, no - a new property owner cannot unilaterally remove an easement, as most easements are attached to the land and remain in place even when ownership changes. However, an easement may be terminated in certain situations:
✅ Voluntary relinquishment: If the benefiting party agrees to give up their right in writing.
✅ Abandonment: If the easement hasn’t been used for an extended period and there is clear intent to abandon it.
✅ Court order: A legal ruling may remove an easement if it's no longer necessary or valid.
💡 Tip: If you’re buying property, check the Land Registry to see if an easement exists, as it may affect how you can use the land.
What can you do about abuse of an easement on your property?
If someone is misusing an easement - such as using a private right of way for commercial purposes when it was only intended for residential access - it can cause disputes and impact your property rights. Landowners have several options to address this issue:
1. Negotiate restrictions
The first step is to have an open discussion with the person benefiting from the easement. Explain how their use is exceeding the original agreement and propose reasonable limits. If both parties agree, a formal amendment can be made to clarify the terms of use.
2. Seek mediation or legal advice
If direct negotiations don’t resolve the problem, mediation can help find a fair compromise without escalating to legal action. A property solicitor can review the easement’s terms, assess whether the current use breaches its conditions, and provide guidance on next steps.
3. Apply to court for modification or removal
If the abuse continues and negotiations fail, landowners can take legal action. They may apply for a court order to:
Modify the easement to restrict excessive or inappropriate use.
Limit the scope of activities permitted under the easement.
Remove the easement entirely, in extreme cases where it is no longer necessary or has been persistently misused.
💡 Tip: Keeping records of the misuse - such as photos, witness statements, or written complaints - can strengthen your case if legal action becomes necessary.
How to prevent easement disputes
The best way to avoid disputes over easements is to ensure everything is clearly defined from the start. When an easement is in place, it should be properly recorded in the property deeds, specifying its exact purpose, boundaries, and any limitations.
Open communication with neighbouring property owners is also key. Many disputes arise from misunderstandings, so discussing easement use early on can help prevent conflicts. If issues do arise, resolving them amicably can often be quicker and more cost-effective than taking legal action.
Keeping thorough records of any agreements, changes, or property boundary updates can also help avoid confusion in the future. If you’re planning to make any alterations that could affect an easement - such as modifying a driveway or installing a fence - it’s always best to consult a solicitor first.
How can a solicitor help?
A solicitor can assist with:
Reviewing property deeds to confirm easement rights.
Negotiating easement agreements to prevent future disputes.
Filing legal action if an easement is blocked or abused.
Applying to the court to remove or modify an easement.
FAQ
Can a landowner block an easement with a fence?
Not unless the easement agreement allows it. Blocking an easement - like a right of way or utility access - could lead to legal disputes and may require removal.
What if an easement is no longer needed?
If an easement isn’t being used or has become unnecessary, a property owner can apply to have it removed. This usually requires legal action or agreement from the benefiting party.
Can an easement be transferred?
Yes! In most cases, easements are tied to the land itself, not the owner. This means they remain valid even when the property changes hands.
Final thoughts
Blocking an easement is not legally permitted, and disputes can arise if access is restricted. Understanding your rights and responsibilities regarding easements can help avoid conflicts. If you're involved in an easement dispute, seeking professional legal advice can help protect your property interests and resolve the issue effectively.
