An easement is a right exercised over land owned by another person. Rights include:
- A right of way with or without vehicles.
- A right to install service media.
- A right to access land for maintenance purposes.
An easement may be acquired by long use or enjoyment or by entering into a Deed of Easement with the landowner over whose land rights are to be exercised. The latter is to be favoured as it will save time and money. With a prescriptive easement it may be difficult to provide evidence of at least 20 years use and enjoyment and to do this evidence in the form of a Statutory Declaration will need to be produced and this may difficult if the predecessors in title cannot be found, have passed away or do not wish to assist. Cases about prescriptive rights are complex and those that end up in court are obviously costly and time consuming.
A Deed of Easement is a legal document which will set out the rights granted over neighbouring property, the extent of those rights by reference to wording and a plan and will clearly outline the agreement and provide clarity and protection for both parties. The Deed of Easement (if the title to both parcels of land is registered at the Land Registry) will be registered against the land which is subject to the Deed and the land benefitting from the easement.
The costs of negotiating and completing the Deed of Easement will normally be paid by the party benefitting from the easement.
Please contact us if you require further information about easements – Peter Epaminondas
pepaminondas@hawleyandrodgers.com.
