Easements Explained

8 May 2020 | Shilpa Mathuradas
plot of land

Table of Contents

What is an Easement?

An easement is the right to use someone else’s land or property that you do not own or occupy for a specific purpose. There are many types of easement, including:

Easements are usually attached to the land rather than a specific person. This means that you will inherit the easement from the previous property owner – even if you do not know about it. 

How would I recognise an easement?

  • Every easement is linked to two pieces of land. The dominant and servient land must be identifiable and if it is not identifiable then there is no easement.
  • An easement must be linked to and benefit the dominant land in some way.
  • The owners of the servient and dominant land must be different.
  • The right must be capable of forming the subject matter of a grant.

How are easements created?

Easements are created by:

  • express grant
  • statute
  • will
  • implied grant
  • contract
  • prescription
  • proprietary estoppel

Can an easement be interfered with?

It is possible to claim an injunction or damages for interference with an easement. If you are claiming interference then you must show the following:

  • That you are the party entitled to the benefit of an easement;
  • What is the nature, extent, scope of the easement
  • That the interference with the easement is substantial. A trivial impact on an easement will not give rise to a cause of action.

How can an easement be terminated?

An easement can be terminated:

  • expressly by a deed of release
  • implied release by abandonment and or alteration or excessive use.

How we can help

Osbornes has a highly successful property litigation department and our in-house experts can act quickly to protect your interests, guiding you through this complex area of law in plain English. We are:

  • Regulated and monitored by the Solicitors Regulation Authority
  • Members of the Property Litigation Association demonstrating best practice and technical expertise in this area
  • Rated one of The Times Best Law Firms
  • Transparent on fees, providing clear cost advice from the outset.

To speak with one of our solicitors, contact us by:

  • Filling in our online enquiry form; or
  • Calling us on 020 7485 8811

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