Easements and restrictive covenants can affect how you use your property - whether that’s a legal right to cross a neighbour’s land or a restriction on building an extension. Understanding these rules is key to avoiding disputes. In this guide, we break down what easements and covenants are, how they work, and what to do if issues arise.
What are easements?
An easement is a legal right that allows someone to use another person’s land for a specific purpose - without owning it. Easements help ensure properties can function properly, whether by providing access, drainage, or utility connections. For example, if your driveway crosses your neighbour’s land, you may have an easement that legally allows you to use it - even if they sell the property.
Key features of an easement
Legally binding: Easements are protected by law and generally remain in place even if the land changes ownership.
Attached to the land: Easements typically benefit one property (dominant land) while burdening another (servient land). This means the right of use stays with the property, not just the owner.
Difficult to remove: Once in place, an easement cannot easily be revoked unless both parties agree, it becomes redundant, or it is removed through legal action.
Example: Right of way easements
Imagine you own a home, but your driveway crosses a section of your neighbour’s land. If there’s an easement in place, you have a legal right to use that driveway - even if the property changes ownership. Your neighbour cannot block or restrict access without breaching the law.
💡 Tip: Easements can be complex, and disputes often arise over their enforcement or removal. An easement solicitor can help clarify your legal rights, ensure easements are properly registered, and help in resolving disputes.
What are restrictive covenants?
A restrictive covenant is a legally binding rule placed on a property to limit how it can be used. These covenants are often written into property deeds to protect the character of an area or safeguard neighbouring properties. For example, a covenant might prevent homeowners from building extensions or running a business from their property to maintain a residential feel in a housing estate.
Key features of restrictive covenants
Restricts property use: Unlike easements (which grant rights to use land), restrictive covenants limit what an owner can do with their property.
Legally enforceable: If a covenant is breached, affected neighbours or property developers may take legal action to enforce it.
Common in new housing developments: Many housing estates impose restrictive covenants to maintain a consistent look, prevent commercial activity, or regulate home alterations.
May run with the land: Some restrictive covenants apply to the property indefinitely, meaning they still apply even if ownership changes.
Example: Extension restrictions
Imagine you buy a home in a new-build estate, and your property deeds include a covenant that prevents major extensions. This restriction stays in place even if you sell the home, ensuring the estate maintains its original design and spacing.
What is the difference between easements and covenants?
In short, easements grant rights to use another’s land for specific purposes, like access or utilities, while restrictive covenants impose limits on how a property can be used, such as banning extensions or business use. Easements are usually permanent, whereas covenants may be removed in some cases but remain legally enforceable by affected parties.
Covenants vs Easements compared
Feature | Easement | Restrictive covenant |
|---|---|---|
Purpose | Grants rights to use another’s land | Imposes restrictions on property use |
Legal effect | Provides access or utility benefits | Limits development or usage changes |
Runs with the land? | Yes, usually | Yes, in many cases |
Example | Right of way | No commercial use allowed |
Enforceability | Enforced by the benefiting landowner | Enforced by the party benefiting from the restriction |
When can disputes over easements and covenants arise?
Disputes over easements and restrictive covenants often happen when property rights are unclear or when landowners disagree on their use. Common issues include:
Blocked easements: If a landowner restricts access to a right of way or obstructs a utility easement, the affected party may challenge this.
Breach of a restrictive covenant: For example, a homeowner may build an extension or run a business from their property despite a covenant prohibiting it.
Unclear legal enforceability: Some easements and covenants may be outdated or poorly documented, leading to disputes over their validity.
Lack of awareness: New property owners may unknowingly purchase land with existing easements or covenants, causing unexpected restrictions or obligations.
How can a solicitor help with easement and covenant disputes?
Property law can be complex, but an easement or restrictive covenant solicitor can provide expert guidance by:
Reviewing property deeds – Checking land registry records to clarify existing easements or covenants and their enforceability.
Negotiating with other parties – Helping landowners reach an agreement to modify, remove, or better define rights and restrictions.
Taking legal action – If an easement is obstructed or a restrictive covenant is breached, a solicitor can represent you in court.
Applying to the Upper Tribunal (Lands Chamber) – In cases where restrictive covenants are outdated or unreasonable, a solicitor can help apply to the Upper Tribunal (Lands Chamber) for their removal or modification.
Understanding your rights early can help avoid costly legal battles. If you're facing an easement or covenant dispute, legal advice can ensure you’re fully informed and protected.
FAQ
Can an easement be removed?
Yes, but it requires agreement between the parties involved or legal proceedings if the easement is no longer necessary.
Can restrictive covenants be challenged?
Yes, restrictive covenants can sometimes be modified or removed through legal applications if they are outdated or unreasonable.
Do easements and covenants affect property value?
Yes, easements can increase value by providing necessary access, while restrictive covenants may limit potential developments and impact resale value.
Final thoughts
Easements and restrictive covenants can significantly impact property use and ownership rights. Understanding their differences and legal implications can help property owners avoid disputes and ensure compliance with land regulations. If you're facing an issue with an easement or covenant, seeking legal advice from a property lawyer is the best course of action to protect your rights and property interests.
