Property Puzzles: What Is an Easement?
Buying or owning a home is full of exciting possibilities – but also a fair few head-scratchers. One of the trickier concepts that crops up in property law is the easement. You might not hear the term often, but if you’re buying, selling or developing property, easements can have a big impact on your plans.
So, what exactly are easements? Why do they matter? And how can you spot them before they cause a bump in your property journey? Let’s break it down.
What is an Easement?
In simple terms, an easement is a legal right that allows someone to use a part of someone else’s land for a particular purpose. It doesn’t mean they own the land, just that they’re allowed to use it in a certain way.
For example, you might own a property that doesn’t have direct access to the road, so you rely on a shared driveway that runs across your neighbour’s land. That’s a classic case of a right of way, which is one of the most common types of easement. Others include things like drainage access, utility lines and even the right to receive natural light.
While easements are often straightforward in practice, they can sometimes cause confusion, especially if they weren’t flagged during the buying process. That’s why it’s so important to understand what they are and how they work.
How Do Easements Come About?
There are a few different ways easements can be created, and the route they’ve taken can affect how they’re enforced.
The most direct is when they’re formally agreed upon and written into a legal document—often when land is being divided or sold. For instance, a landowner might sell part of their land but include a clause that allows them to walk across it to reach a footpath. That’s known as an express easement.
But not all easements are that clear-cut. Some are implied based on how the land is used. If a property has relied on access through a neighbouring plot for years, there could be an implied easement, even if there’s nothing in writing. And in some cases, if someone has been using a particular access route without objection for at least 20 years, they may gain a prescriptive easement by default.
Then there are easements of necessity—the kind that the law will enforce because there’s literally no other way to access a property. These tend to come into play when land is landlocked or lacks basic access.
In short, easements don’t always come with flashing neon signs. They can be buried in paperwork, assumed by habit, or only come to light when you run into an issue.
Can You Remove or Challenge an Easement?
Once an easement is in place, it’s reasonably permanent, particularly if it’s been legally established. That said, there are circumstances where it can be removed or modified.
If both parties agree, an easement can be formally ended. In other cases, if the easement has been unused for a long time and there’s evidence it’s been abandoned, it may be possible to challenge it. There’s also something called merger, where the land benefiting from the easement and the land it affects come under the same ownership, at which point the easement is no longer needed.
But it’s not as simple as just ignoring an easement or hoping it goes away. Removing or challenging one usually involves legal advice, and sometimes, a bit of negotiation.
Why Easements Matter When Buying or Selling Property
Easements aren’t always a bad thing; sometimes they’re vital to making a property work. But they can also cause complications if they’re not properly understood.
For buyers, easements can affect how you use the space. If there’s a shared driveway, for instance, you’ll need to consider who has the right to access it, and whether that limits what you can do with it. If there’s a utility easement running through your garden, you might be restricted from building over it or planting certain trees nearby.
They can also impact the value of a property, either positively or negatively. A well-documented right of way can make a tricky plot more practical and valuable. But an unexpected easement can be a red flag for future development or resale plans.
For sellers, it’s essential to be upfront about any easements. Buyers will likely find them during the conveyancing process, so it’s better to be clear from the start than to risk a sale falling through later on.
What Should Buyers Look Out For?
If you’re in the process of buying a property, it’s a good idea to keep easements firmly on your radar. Here’s how:
- Start with the title deeds – Easements are often recorded in the Land Registry title documents. A good solicitor will know how to spot them and explain what they mean.
- Look out for physical signs – Is there a well-trodden path crossing the garden? Are there manhole covers or overhead cables? These could hint at unregistered easements.
- Ask the right questions – Don’t be afraid to dig a little deeper during viewings. Does the property share access with a neighbour? Who looks after shared spaces?
- Get professional advice – Easements can be complex, so lean on your solicitor and your estate agent to help you understand the implications.
Real-Life Scenarios That Bring Easements Into Focus
Here’s where it all gets a bit more real. Imagine you’ve bought a beautiful cottage in Bath, only to discover you’re not the only one using the quaint gravel path to the front door; your neighbour has a legal right to walk through it too. Suddenly, your quiet garden space feels a little less private.
Or maybe you’ve found the perfect plot for a garden office, but later find out a drainage easement cuts right through where you planned to build. You’re not allowed to construct over it, and now you need to rethink your plans entirely.
These situations aren’t uncommon, but with the right guidance, they’re manageable. And that’s where we come in.
How Zest Helps You Navigate the Fine Print
At Zest, we’re here to make the process of buying or selling property as smooth as possible – even when things like easements are in the mix. We know the Bath property market inside out, and we work closely with trusted solicitors and surveyors to ensure you’re never caught out by the fine print.
Whether you’re viewing your dream home or preparing to list your current one, our team can help identify potential easements early on and explain what they mean in plain English. No jargon. No surprises. Just clear, helpful advice that empowers you to make confident decisions. If you’re thinking about moving, get in touch.
