What are deed of easements?
A deed of easement is a legal document that sets out the right to use another person's land for something you have agreed on. In every deed of easement case, there is one person that wants to use another person’s land in a certain way. You will usually have to pay the other person a set sum of money (set out in the deed of easement) for the use of their land. Deeds of easement are commonly used in property law to formalise and define these rights.
Common easements include:
✅ Right of way – Allows someone to cross another person’s land on foot or in a vehicle. For example, a homeowner may have a right of way to use a shared driveway that crosses a neighbour’s land to access their property.
✅ Drainage and utility rights – Grants permission to run water pipes, drainage systems, or cables through another’s land. For example, a property may rely on a neighbour’s underground drainage pipes to remove wastewater.
✅ Right to access for maintenance – Permits temporary access to another person’s land for necessary repairs. For example, a homeowner may have a right of access to enter a neighbour’s garden to maintain a shared fence or external wall.
✅ Right to light – Protects a building’s access to natural light by preventing obstruction. For example, a property owner could have a right to stop a neighbouring development from blocking their windows.
✅ Right to park – Grants permission to park on someone else’s land. For example, a resident of a block of flats may have an easement allowing them to park in a designated space on privately owned land.
How much does a deed of easement cost?
The cost of a deed of easement varies depending on the complexity of the agreement, legal fees, and whether you use a solicitor or an off-the-shelf template. On average, it can cost between £450–£500, but in more complex cases, fees can rise to £689 or more.
At Lawhive, we offer a fixed-fee service, so you know exactly what you’re paying upfront - often up to 50% more affordable than traditional high-street solicitors. Our specialist easement solicitors handle everything, from drafting to registration, ensuring your legal rights are fully protected.
Cost breakdown
Using a solicitor: Hiring a solicitor to draft a deed of easement can cost anywhere from a few hundred to over a thousand pounds, depending on their hourly rates and the complexity of the easement. While this offers legal security, high costs can be a drawback. With Lawhive, you get expert legal help for a fixed, transparent price - no surprise fees.
DIY templates: Some people choose DIY templates available online, which cost between £50 and £200. While cheaper, DIY agreements can lead to legal mistakes, disputes, or extra costs if errors need to be corrected later. A solicitor ensures everything is legally sound from the start.
Land Registry fees: If the easement affects registered land, there may be additional fees for registering the easement with the Land Registry. These fees can range from around £20 to £95, depending on the type of application and the method used.
Who pays for a deed of easement?
The person who benefits from the easement, often called the 'dominant owner,' is typically responsible for paying the costs associated with creating a deed of easement. This includes legal fees for drafting the document and any applicable Land Registry fees for registering the easement.
How long does a deed of easement last?
A deed of easement doesn't have a specific expiration date. Once properly created and registered, it generally lasts indefinitely, passing on to future property owners. However, there are situations where an easement might end:
By agreement - The parties involved can agree to end the easement. This requires a formal agreement.
Abandonment - If the right granted by the easement is not used for an extended period, it might be considered abandoned, leading to its potential termination.
Merger - If the same person acquires both the dominant and servient properties, the easement might merge, ending its distinct existence.
Always seek legal advice for specific situations, but generally, a properly established easement is intended to provide lasting rights.
Does my house already have a deed of easement?
To find out if your house has a deed of easement, you can check the property's title deeds and any relevant legal documents. These records are usually held by the Land Registry. If an easement exists, it will be documented in these records.
Visit the Land Registry website and use their online services to obtain a copy of your property's title register and title plan. Review the documents related to your property, especially any deeds or conveyances. These may contain information about easements.
If you have had surveys or searches conducted when purchasing the property, these documents may also provide information about easements.
How to get a deed of easement
A deed of easement is a legally binding agreement that grants the right to use another person’s land for a specific purpose, such as access, drainage, or utilities. The process involves legal drafting, agreement from all parties, and in some cases, registration with the Land Registry.
Here’s a simple step-by-step guide to getting a deed of easement:
Step 1 - Identify the need
Determine why you need an easement. Common reasons include needing a right of way over someone else’s land, requiring drainage access, or allowing utility providers to install pipes or cables.
Step 2 - Consult a professional
A property solicitor or conveyancer can assess your situation, explain your legal options, and guide you through the process. Easements can be complex, and having a legal expert ensures the agreement is legally sound and enforceable.
Step 3 - Draft the deed
Your solicitor will draft a clear, legally binding agreement that outlines:
Who benefits from the easement (dominant property)
Who must allow access (servient property)
The exact rights being granted (e.g. vehicle access, drainage use)
Any conditions or restrictions (e.g. maintenance responsibilities)
Step 4 - Negotiation
If needed, your solicitor can negotiate terms with the other party, ensuring both sides agree on how the easement will work. This helps prevent future disputes.
Step 5 - Sign and execute the deed
Once all parties agree, the deed is signed, witnessed, and formally executed. This makes the easement legally binding.
Step 6 - Register with Land Registry
If the easement affects registered land, it should be added to the Land Registry records. This protects the easement and ensures future property buyers are aware of the agreement.
How long does a deed of easement take?
The time required to set up a deed of easement depends on various factors, including legal complexity, negotiations, and Land Registry processing times. On average, it can take anywhere from six months to over a year. If you need the easement for an upcoming property sale, development, or project, it’s best to start the process as early as possible.
Legal Review and drafting (2–4 weeks)
Your solicitor will review property deeds, assess rights, and draft a legally binding agreement. If the easement terms are straightforward, this stage can be completed relatively quickly.
Negotiations (varies)
If multiple parties are involved - such as neighbours, utility companies, or landowners—negotiating the easement terms can take time. Disagreements over access rights, compensation, or maintenance responsibilities may extend the process.
Signing and execution (1-2 weeks)
Once all parties agree, the deed is signed and formally executed, making it legally binding. This part is usually quick unless one party delays signing.
Land Registry registration (6-12 months if required)
If the easement affects registered land, it must be recorded with the Land Registry. Processing times vary, but applications can take several months, particularly if additional checks or corrections are needed.
Should you sign a deed of easement?
Signing a deed of easement is a significant legal decision that can impact your property rights for years to come. Before signing, it’s essential to understand the terms, consider long-term implications, and seek legal advice to ensure the agreement is in your best interest.
✅ Know your rights and responsibilities
The deed will outline specific rights - such as access, drainage, or utility connections - as well as any responsibilities, like maintenance costs or restrictions on how you can use the affected land. Make sure these terms are clear and fair.
✅ Can you negotiate?
If certain terms seem unfavourable or unclear, you may be able to negotiate with the other parties before signing. A solicitor can help ensure you’re not agreeing to anything that could negatively impact your property.
✅ Long-term impact
Consider how the easement could affect your property in the future. Could it restrict extensions, redevelopment, or resale value? If an easement is registered with the Land Registry, it will become a permanent part of the property record, making it visible to future buyers.
✅ Get legal advice before signing
Because easements can be difficult to modify or remove, it’s always best to have a property solicitor review the deed before you sign. They can check for any risks, clarify legal jargon, and help negotiate better terms if needed.
💡 Not sure if you should sign? At Lawhive, our expert property solicitors provide clear, fixed-fee legal advice to help you make the right decision with confidence. Get a quote today and ensure you fully understand your rights before signing.
