Easements might sound complicated, but they’re simply legal rights that let one property owner use part of another’s land for a specific purpose - like accessing a driveway or running utilities. Whether you’re a homeowner, developer, or just curious, understanding easements is important as they can affect property rights, land value, and future development plans.
What are easements?
So what is the definition of an easement? An easement is a legal right that allows one person to use another person’s land without owning it. These rights usually cover things like access, utility rights, or other benefits to properties.
Four key characteristics of an easement
For an easement to be legally recognised, it must meet these four conditions:
Two separate properties must be involved: One property benefits from the easement (the ‘dominant’ land), while the other has to allow access (the ‘servient’ land).
It must benefit the property, not just a person: The easement should make the dominant property more useful (for example, by allowing vehicle access).
The properties must have different owners: You can’t create an easement if both properties are owned by the same person.
It must be clearly defined: The right must be specific and recognised by law, meaning it can’t be vague or open to interpretation.
What is an example of an easement?
Easements come in many forms, but they all serve the same purpose - giving someone the legal right to use another person’s land for a specific reason. Here are some of the most common types of easements in the UK and how they work in everyday life:
1. Right of Way easement
A right of way easement allows one landowner to pass by law over another’s property to access their own land. This is when a property doesn’t have direct road access and has land around the property.
Example: A homeowner has no direct road access, so they have a right of way to cross a neighbour’s private driveway to reach the main road.
2. Utility easement
Utility easements allow service providers (such as gas and electricity companies) to install, on private land. They can also maintain and repair on this land.
Example: A water company has an easement allowing them to lay pipes under private land and access them when they need to repair.
3. Drainage easement
This gives property owners the right to direct stormwater or sewage through a neighbouring property’s land.
Example: A homeowner can allow rainwater from their property to flow into a shared drainage system on a neighbour’s land with this easement.
4. Light and air easement
These easements protect a landowner’s right to receive natural light and air by preventing another property owner from blocking their access to new buildings or structures.
Example: A historic building's neighbouring landowners can't build too high or block its windows with the easement.
5. Private road easement
This type of easement allows property owners to share a private road for access to their homes.
Example: A group of houses in a rural area has an easement granting them shared access to a privately owned road leading to the main highway.
6. Access to shared spaces
Some easements allow homeowners to use shared spaces. This could be gardens, pathways, or courtyards that belong to another property owner.
Example: The owners of a row of terraced houses have an easement that allows them to use a shared alleyway behind their homes.
Legal vs Equitable easements
Easements come in two main types: legal and equitable. The key difference? How they’re created and who they affect if the land changes hands.
What is a legal easement?
A legal easement is the most enforceable type. It's a registered property right that complies with legal requirements under the Law of Property Act 1925. These easements are recorded with the HM Land Registry, making them legally binding on future property owners.
A legal easement must be:
Granted for a freehold or leasehold property (a long-term right).
Created in the correct legal way, such as through a deed, statute, or rarely, a will.
Registered with HM Land Registry, if the servient land (the land burdened by the easement) is also registered.
Example: A homeowner has a registered right of way over a neighbour’s driveway to access their garage. This easement will remain in place even if the neighbour sells their property.
What is an equitable easement?
An equitable easement is less secure because it doesn’t automatically apply to future buyers unless they were aware of it. This makes it more vulnerable to legal challenges.
An equitable easement typically arises when:
The easement was agreed in writing but not properly registered.
It was created in an informal way, such as an unwritten agreement between neighbours.
The servient land (the land affected by the easement) is unregistered.
Example: A homeowner allows their neighbour to use a private footpath for several years without a formal agreement. If the neighbour later tries to claim the path as an easement, the court may recognise it as an equitable easement if it would be unfair to stop access.
Key differences between legal and equitable easements
Feature | Legal easement | Equitable easement |
|---|---|---|
Registration | Must be registered with the HM Land Registry | Not formally registered |
Enforceability | Fully enforceable under UK property law | Enforceable under equity law (fairness) |
Applies to future owners? | Yes, automatically transfers | May not always transfer |
How it’s created | Must comply with legal requirements | Can arise based on past agreements or fairness |
How is an easement created?
Easements can be created in several ways, including:
Express grant: A formal agreement between landowners granting easement rights.
Implied easement: Created by necessity (e.g. landlocked property requiring access) or by mutual understanding.
Prescription: Established through long-term use of the land (at least 20 years) without permission from the servient owner. You can learn more in our guide to prescriptive easements.
Statutory easements: Created by government authorities or utility companies for essential services.
Is it bad to have an easement on your property?
Having an easement on your property isn’t necessarily a bad thing - it all depends on how it affects your use of the land. Some easements have little to no impact, while others could restrict development, reduce privacy, or even lower your property’s value. It’s always worth checking the details before making any big decisions.
Does it devalue your property?
It depends on the type of easement and how it affects property use. For example:
Type of easement | Potential impact on value |
|---|---|
Public right of way (e.g. footpaths) | May reduce privacy and buyer interest |
Shared access (e.g. driveways) | Can deter buyers who want exclusive access |
Utility easement (e.g. electricity cables) | Neutral impact unless it restricts development |
Private right of way benefiting the property | Can increase desirability if it improves access |
Restrictions on building (e.g. protected views) | Limits development potential, affecting investment returns |
💡Editor's insight: “Before buying or selling a property with an easement, check the title deeds. That’ll help you to know where you stand. You should consider getting legal advice from a property solicitor to understand its long-term impact. It can affect the price of a property if an easement is in place.”
Can you remove an easement?
You can remove or change an easement, depending on the circumstances:
Agreement with the benefiting party: If both parties agree, an easement can be legally removed or altered.
Abandonment: If an easement hasn’t been used for a significant period and is no longer necessary, it may be abandoned.
Court order: In some cases, a property owner can apply to the courts to change or remove an easement if it is no longer relevant or fair.
Legal challenge: If an easement was incorrectly created or does not meet legal requirements, it may be challenged and removed.
FAQ
Can a neighbour block an easement?
No, a neighbour can't block access if an easement is recognised by law. If they do, you may be able to take legal action to remove the obstruction, such as applying for an injunction.
Can an easement be transferred to a new owner?
Yes, easements stay with the property. They’ll transfer to future owners of both the benefiting and burdened properties when sold.
Can a property owner refuse to grant an easement?
In most cases, a landowner doesn’t have to grant an easement unless it’s required by law. There can be circumstances where it's necessary to give access to prevent a property from being landlocked.
Do all easements need to be registered?
Most legal easements should be registered with the HM Land Registry. Some equitable easements (created informally) can still be valid without registration by law.
Who is responsible for easement maintenance?
Usually, the person who benefits from the easement (the dominant owner) handles it and keeps it in good condition. Even though the easement runs across someone else’s land (the servient owner), the dominant owner must make sure it stays usable.
Final thoughts
Easements are an important part of property law, helping to balance access rights and land ownership responsibilities. Whether they provide access, utility services, or shared spaces, they can impact property use, value, and future development.
If you're buying, selling, or managing a property with an easement, it’s always worth checking the title deeds and understanding your rights. In some cases, easements can be modified or removed, but legal advice from an easement solicitor is often needed to navigate the process smoothly.
References
Form N16A: Application for injunction general form by Gov.UK
HM Land Registry by Gov.UK
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified professional.