What is an easement?
An easement is a right enjoyed by one property (the 'dominant' land) over another property (the 'servient' land). The classic example is a right of way, where the owner of one house is entitled to walk or drive across part of a neighbour's land to reach a road, garage or garden.
The defining feature of an easement is that it attaches to the land, not the person. It 'runs with the land', so when a property is sold, the benefit and the burden pass automatically to the new owners. That is why easements matter so much to buyers: you inherit both the rights and the obligations.
Easements can be created in several ways: expressly in a deed, by long use over many years (prescription), or by implication when land is divided. Most are recorded on the title, but some, especially older or prescriptive ones, may not be obvious.
Common types of easement
The rights buyers encounter most often.
| Type | What it allows |
|---|---|
| Right of way | Passing on foot or by vehicle over another's land |
| Right of drainage | Running drains and sewers under neighbouring land |
| Right to services | Pipes and cables for water, gas, electricity or telecoms |
| Right to light | Receiving natural light through defined windows |
| Right of support | Adjoining buildings supporting each other |
| Right to park | Parking on a defined area of another's land |
An easement can benefit your property, burden it, or both at once.
Why easements matter when buying
They can affect how you use and value a home:
- A right of way may give a neighbour access across your driveway or garden.
- You may rely on an easement to reach your own property or services.
- Building works can be restricted where they block a right of light or way.
- Maintenance of a shared drive or drain may be a joint responsibility.
- An unclear or disputed easement can deter lenders and future buyers.
What to check before buying
Work through these with your conveyancer:
1. Review the title register and plan
Easements are often listed in the register; the plan may show routes of rights of way.
2. Check the rights you need
Confirm you have all the rights required to access and service the property, especially shared drives and drains.
3. Identify burdens on the property
Note any rights others hold over the land and how they might limit your plans.
4. Ask about maintenance
Establish who maintains shared accessways and services, and how costs are split.
5. Resolve gaps before exchange
If a needed right is missing, your conveyancer may arrange a grant or indemnity insurance before you commit.
Some easements are not on the title
Rights acquired by long use (prescriptive easements) may not appear on the register but can still be legally valid. If a path or track is clearly well used, ask about it rather than assuming the title tells the whole story.
Missing access rights can be serious
If a property does not have a proper legal right of way or right to run services, you could be left unable to access it or maintain drains and cables. Lenders may refuse to lend until the right is granted or covered by indemnity insurance, so flag any doubt early.