What is an easement?

Monday 5th October 2020

What is an easement?

If you own a house, a building, or land, you may have heard of an easement before. An easement is a legal right that one piece of land has over another. For example, the legal title to your property may have a legal right to use a septic tank located next door, or to park a car in the rear alley. Equally, other pieces of land may have easements over your property, such as the right to use the drains which pass beneath your land, or to walk over a path.


Do I need an easement?

If the day-to-day use of your property, be it a house or an agricultural field, requires the use of somebody else’s land, then you should have the right to that use recorded in your title deeds. Whether you have to drive over somebody else’s track to access your property, or simply need the use of drains which aren’t on your property, easements are important factors which can affect property value.


How do I get one?

You may find that after a professional inspection of your title, the easement you need is already there. If not, the most straightforward way is to enter into a deed with the owner of the land affected. A deed of easement is an important document that is registered at the Land Registry along with the other deeds affecting your property and serves as evidence to future buyers that you have the legal right to use somebody else’s land for a specific purpose.


Howard & Over have been a part of your local community for over 100 years, with offices in both Plymouth and Ivybridge. We have experienced lawyers who can help with easements, or any other property matter. Please visit www.howard-over.co.uk to find out more about our lawyers and their specialities.