What is an easement in land law?
An easement is a legal right that allows someone to use another person’s land for a specific purpose. Easements are common in property law and often relate to rights of way, drainage access, or utility connections. If you own land or property, it’s important to understand how easements can affect your rights and responsibilities.
What makes an easement legal?
For an easement to be legally recognised, it must meet four key conditions – known as the essential characteristics of an easement. Here’s what makes an easement legally enforceable:
There must be two separate pieces of land – One landowner benefits (the 'dominant tenement'), and the other is burdened (the 'servient tenement').
The easement must benefit the land – It cannot be a personal right, it must improve the usability of the dominant land.
The two pieces of land must be owned by different people – A landowner cannot have an easement over their own land.
The easement must be capable of being legally enforced – It should be clear, practical, and something the courts can uphold.
Our easement solicitors can assess whether an easement on your land is legally valid and advise on how it affects your property rights.
How are easements created?
Easements can be created in different ways, depending on whether they are formally agreed upon or arise naturally due to land use. For a full breakdown, check out our guide on the three types of easements.
Express easements
The most straightforward way to create an easement is through a written agreement between property owners. This is recorded in the property deeds and registered with the Land Registry, ensuring it remains legally binding.
💡 Example: If a property owner sells part of their land but still needs access through it, they may create an easement in the sale agreement to retain that right.
Implied easements
Some easements are not written down but arise automatically when a property relies on a right for reasonable use.
Easements by necessity occur when land is landlocked, requiring access through another property.
Easements by common intention exist when both parties intended a right to exist, even if it wasn’t written down.
💡 Example: If a landowner sells a plot but doesn’t include an access right, the law may still imply an easement if the buyer needs it to use the land.
Prescriptive easements
If someone openly and continuously uses land for 20+ years without permission or challenge, they may gain a legal right to continue that use.
💡 Example: A neighbour has used a footpath across private land for decades - this could create a prescriptive easement.
How do you know if your property has an easement?
If you’re unsure whether your property has an easement, there are a few ways to check. Easements can be legally recorded, implied through use, or even exist without a formal document. Here’s how you can find out:
Check Land Registry records: Most modern easements are officially registered with the HM Land Registry and can be found in the title register for the property. You can request a copy of your title deeds online for a small fee.
Review your title deeds: If your property has been owned for a long time, older easements may be recorded in historical property documents or conveyancing records. These may include rights of way, drainage rights, or shared access agreements.
Look for physical signs: Easements don’t always come with paperwork. If your property has a shared driveway, footpath, underground pipes, or utility poles, there may be an easement in place allowing others to use or maintain that land.
Conduct a legal search: If you’re buying or selling property, a property solicitor can carry out a search to check for any existing easements. This is especially useful for identifying implied or prescriptive easements that may not be officially recorded.
💡 Tip: Easements can impact property use, access, and even value, so it’s important to understand your rights and obligations before making changes to your land. If in doubt, a solicitor can provide legal clarity and advice.
How our easement solicitors can help
Easements can be complicated, but we're here to make things simple. Whether you need to confirm an easement, register a new one, or resolve a dispute, our easement specialist solicitors are here to help.
Checking and registering easements
Not sure if your property has an easement? We’ll review Land Registry records, title deeds, and legal agreements to clarify your rights. Need to register an easement? We’ll handle the process, making sure it’s legally recognised and enforceable.
Drafting and negotiating easement agreements
If you’re granting or receiving an easement, a clear, legally binding agreement is essential. We’ll draft and negotiate terms that outline who can use the easement, how it can be used, and any responsibilities for upkeep - so there are no surprises down the line.
Resolving disputes
Blocked access? Misuse of an easement? Unclear rights? Easement disputes can be stressful, but we’ll help you find a resolution. Our solicitors can negotiate with the other party, explore legal solutions, and guide you on the best course of action.
Removing or modifying easements
If an easement is outdated, unnecessary, or restricting your property’s potential, we can help. Whether through mutual agreement, legal applications, or the Upper Tribunal (Lands Chamber), we’ll work to modify or remove easements that no longer serve a purpose.
Who are our easement specialist solicitors?
At Lawhive, we connect you with highly qualified, experienced property solicitors who specialise in easements and land rights. Whether you need help registering, enforcing, modifying, or removing an easement, our solicitors provide expert legal support tailored to your situation.
✅ Fully qualified and regulated
All our solicitors are highly experienced in property law, with many regulated by the Solicitors Regulation Authority (SRA). That means you’ll get expert advice that meets the highest professional standards.
✅ Easement law experts
From checking property deeds to resolving disputes, drafting agreements, and applying for easement modifications or removals, our solicitors have handled it all. We’ll match you with a legal expert who understands the complexities of easement law and will guide you every step of the way.
✅ Trusted by clients
We only work with the best. Our easement solicitors are carefully vetted based on client feedback, case success rates, and legal expertise - so you can be confident you're getting trusted, results-driven support.
💡 Need help with an easement? Whether you're a homeowner, buyer, or developer, our easement solicitors will help you navigate the legal process with confidence. Get in touch today to find the right legal expert for you.
