In England and Wales, an easement is a legal right that allows someone to use or access another person’s land for a specific purpose. It grants certain rights and privileges to the holder of the easement while the ownership of the land remains with the property owner.
Easements in England and Wales can be created in several ways:
- Express Grant: An easement can be created through an express grant, where the landowner voluntarily grants the right to another party through a legal agreement, such as a deed or contract.
- Implied Grant: An easement can be implied when it is necessary for the reasonable use and enjoyment of a property. This can occur when a property is divided, and one part is sold while the other part retains the benefit of the easement.
- Prescription: An easement can be acquired through prescription, which means that the right has been used openly, continuously, and without interruption for a specific period of time. The required period of time is typically 20 years for most easements.
Common types of easements in England and Wales include:
– Right of Way: This allows someone to pass through another person’s land, such as a pathway or driveway.
– Right to Light: This ensures that a property has access to natural light, typically protected by preventing neighbouring structures from obstructing the light.
– Right to Drainage: This permits the flow of water across someone’s land to prevent flooding or water damage.
– Right to Access Utilities: This grants utility companies the right to access and maintain utility lines, such as electricity, water, or gas, that run through someone’s land.
Easements in England and Wales are typically documented in legal agreements, such as easement deeds or contracts, and are binding on subsequent owners of the affected properties.
It is important to consult with a legal professional to understand the specific rights and obligations associated with an easement, as they can vary depending on the jurisdiction and the terms of the easement agreement.
If you have any questions on property law or conveyancing why not give us a call on 020 7537 7000 or email quote@london-law.co.uk and see what we can do for you.
This blog was prepared by Alexander JLO’s property partner Matt Johnson. Matt has many years of experience of dealing with property work and specialises in new build and shared ownership properties. His profile on the independent Review Solicitor website and be found Here