Easements are an important part of property.
But not everyone understands them.
Read on to find out what they are,
What is an easement?
An easement is a legal agreement that gives someone the right to use another person’s land for a specific purpose.
The easement is attached to the land, not a particular owner. So, if the property is sold, the easement remains in place.
Easements are commonly used to allow a neighbour access across your driveway. Or giving a utility company the right to run cables across your land.
Examples of easements
Right of way
This allows someone to cross your land to access their own property.
For instance, if their garage can only be accessed via a driveway on your land.
Utilities
This allows utility companies to install and access your property’s cables, pipes, and lines.
Drainage
An easement may allow drainage from a neighbour’s property through your land.
Light and air
You may have an easement stopping you from building structures. These structures might block light or air from neighbours’ windows.
Parking
An easement can give someone the right to park on part of your land. For example, your driveway.
Party walls
A party wall is a wall that:
- Is on more than one property
- Is not connected to a building.
If you share a wall with a neighbour, a party wall agreement usually governs access rights for repairs and maintenance.
This includes who is responsible if a party wall collapses on a boundary.
How does an easement impact property value?
Easements can impact the value and saleability of your property.
This can be positive and negative – it depends on the specific circumstances.
Positives
Having the right to use a neighbour’s driveway or land can add value and make your property more accessible.
Drainage easements can increase value by reducing flood risk.
Access rights for utilities are neutral or add slight value. This is because they enable services to reach the property.
Negatives
Allowing neighbours permanent access across your driveway or land can reduce privacy and value.
Letting utility companies install equipment can look unsightly and need maintenance access.
Restrictive easements that limit what you can build may impact value and potential.
Selling a property with unclear or unusual easements that constrain usage may deter some buyers and lower the price.
How to create an easement
If both parties agree, creating an easement is generally straightforward.
The two landowners sign an easement agreement or deed.
This sets out the rights being granted, to whom, and any conditions, such as maintaining a shared driveway in good repair.
The deed is registered against the title of the burdened property. It’s then filed with the HM Land Registry to make it binding.
The benefitting owner’s title is also noted, referencing the right to use the easement.
A solicitor can help ensure it is created and registered. If an agreement is not reached, courts can sometimes establish easements.
How to remove an easement
Ending or removing an easement is more complex than creating one.
All parties with an interest in the easement must agree to remove it. If they benefit from the rights, they are unlikely to agree.
You can negotiate terms like alternative access or payment to encourage agreement.
If an agreement is reached, update the HM Land Registry by discharging the easement from the titles it affects.
You must apply to the court for an order to extinguish the easement without an agreement.
The court will consider if the easement is obsolete and no longer needed by the beneficiaries.
But courts are reluctant to overturn easements without good reason.
If successful in court, update the HM Land Registry to remove the easement from the title records.
How to find out if a property has an easement
When buying a property, you must know if any easements or restrictions exist.
Check the HM Land Registry title records for the property. These list any easements, covenants, and rights registered against the title.
Review paperwork from your conveyancing solicitor. They should highlight any easements during their searches.
Look for signs that state services are crossing the land. Utility boxes and equipment are good examples. Pipes and drainage channels may also be present.
Speak to the current owner and neighbours about any known access routes and rights they use or have been granted.
Have a professional valuation survey done that should identify easements affecting the property.
Do I need a solicitor to make an easement?
It is advisable to use a solicitor when creating or altering easements. They can ensure the easement agreement is valid and well-written.
They will undertake searches to confirm there are no conflicts or issues.
They will handle registration with the HM Land Registry. They can say if any options exist to change or remove unhelpful easements.
They’ll also negotiate terms between parties if an agreement needs to be reached.
Going through a solicitor protects in case disputes arise later.
