When buying a home, it’s easy to focus on things like the number of bedrooms, size of the garden, or the charm of the street. But property ownership isn’t just about what’s inside your four walls – sometimes the land you buy comes with certain rights or restrictions that you’ll need to understand. One of the most common is an easement.
So, what is an easement and how does it impact property ownership? Here’s a handy guide on what it means if you come across one during your property journey.
Related: Property covenants explained: what buyers and landlords should know
What does an easement mean?
An easement is a legal right for someone else to use part of your land for a specific purpose. It doesn’t mean they own the land – you’re still the owner but it does mean they have the right to use it in a particular way.
Think of it as an arrangement that benefits a neighbour or utility company. For example, a shared driveway where two households use the same access, or underground pipes running through your garden.
In short, easements are all about balancing ownership with access and ensuring people can reasonably use their property or services without blocking someone else.
What are easements on property?
Easements can cover a range of scenarios. Here are a few examples you might come across:
- Right of way – allowing a neighbour to cross your land to reach their property.
- Utility access – giving service providers the right to maintain water, gas, or electricity lines that run through your land.
- Drainage – where water from one property is allowed to flow across another.
- Conservation – protecting certain features of the land for environmental or historical reasons.
They don’t stop you from using or enjoying your home, but they do come with conditions you’ll need to respect.
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What are the 3 types of easements?
While easements can take many forms, they generally fall into three main categories:
- Easements appurtenant – These directly benefit another piece of land, such as a right of way across your driveway so the neighbour can reach their garage. They usually stay tied to the property even if ownership changes.
- Easements in gross – These benefit a person or organisation rather than a piece of land. A good example is a utility company with a right to access and maintain power lines.
- Prescriptive easements – These arise over time if someone has used part of your land openly, continuously, and without permission for a set period. If not challenged, they can eventually gain a legal right to continue.
Knowing what type applies helps you understand how permanent it is and who benefits from it.
Related: Buying a house with a tenant in situ: what homebuyers need to know
What is an easement in land law?
In land law, easements are recognised as legally binding rights that run with the property. That means if you buy a house with an existing easement, you automatically take on the responsibility of honouring it.
Solicitors will usually highlight any easements in the title deeds or Land Registry documents during the conveyancing process. It’s essential to read these carefully, because an easement can affect how you use the land, its value, and even future development plans.
What is a deeded easement?
A deeded easement is one that’s been formally documented and registered in the property deeds. This provides clarity and avoids disputes because the rules are clearly set out.
For example, if a neighbour has a deeded easement to cross your drive, the exact route and terms will usually be written down. This makes it easier for everyone to understand their rights and responsibilities.
What is a prescriptive easement?
Prescriptive easements are slightly different because they aren’t always recorded in writing. They develop over time through long-term, uninterrupted use.
For instance, if a neighbour has been walking across your garden path to reach their back gate for 20 years, and you’ve never objected, they might eventually claim a prescriptive easement.
These can be tricky because they’re based on historical use rather than formal agreements, so it’s important to get professional advice if one crops up during a property purchase.
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What is a conservation easement?
A conservation easement is designed to protect the natural or historical value of the land. It might prevent construction, tree removal, or other activities that would alter its environmental value.
While more common in rural areas, conservation easements can also apply to gardens, woodland, or open spaces connected to residential property. For buyers, it’s important to know that these easements are legally enforceable and usually permanent.
How does an easement impact homeowners?
Easements don’t necessarily make a property less attractive as they’re often quite practical. Most homeowners live with them every day without issue. But they can affect:
- Value – Some buyers may see an easement as a drawback, especially if it limits development potential.
- Privacy – Sharing access could mean others regularly cross your land.
- Maintenance – You may be responsible for upkeep, or you may share it with the beneficiary.
Key takeaways for buyers and homeowners
Easements may sound complex, but most are straightforward once you know the basics. They exist to make sure properties can be accessed, utilities can be maintained, or lands can be protected. The important thing is to be aware of them before you buy, so there are no surprises later.
If you’re considering a move and want clear guidance on easements or any other part of the buying process, Parkers estate agents are here to help. Contact your local Parkers branch today for friendly, expert advice.
