Land rarely exists in perfect isolation. Often one property depends on another for access, drainage or services, and the law formalises these arrangements as easements and rights of way. They can be essential to a home or a nuisance attached to it, so any buyer should understand what crosses their land and what their land relies on.
What an easement is
An easement is a right one piece of land enjoys over another. The classic example is a right of way, allowing the owner of one property to cross another's land to reach their own. Easements can also cover running drains or cables across a neighbour's plot, or drawing light and support. They attach to the land, passing to each new owner.
Benefiting and burdening
Every easement has two sides. Your property might benefit from a right to cross a neighbour's driveway, which is valuable. Equally, your land might be burdened by a neighbour's right to walk across it or run a pipe beneath it, which you must allow. Both appear in the title, so read it carefully.
- Right of way permission to cross another's land
- Service easements drains, pipes and cables
- Shared access driveways and private lanes
The maintenance question
Where access or services are shared, the question of who maintains them and pays for repairs often arises. A shared private road can fall into disrepair if no one agrees to look after it. Check whether the title sets out maintenance obligations, and ask how shared arrangements have worked in practice.
Why it matters
An easement can make or break a property. A home that relies on a right of way over land it does not own is only as secure as that right. Conversely, a burden on your land may limit what you can build. Have your solicitor explain the easements affecting any property before you buy, so there are no surprises.