Easements
An easement is a right which a person has over land owned by someone else. Easements are normally attached to the land rather than to a person and can be considered to last in perpetuity.
Examples of easements include:
- Rights of way.
- Right to light.
- The right for underground services to pass beneath the land of a neighbouring property.
- Right of support.
- The right to draw water.
An easement can be created by:
- Express grant, for example, it may be set out in a conveyance deed or a transfer deed.
- Necessity, for example, if there is only one means of access between a site and a public highway.
- By prescription, i.e. the act is repeated for a period of at least twenty years.
Easements can be extinguished in several ways:
- Agreement between the parties in the form of a deed.
- By implied release, for example it has not been used for a long period of time.
- Where the character of the dominant land has changed.
- By limitation of time, if a limitation was agreed.
- By a change in law.
Easements differ from wayleaves, which are temporary agreements typically used by utilities companies to allow them to install and maintain equipment on privately owned land in return for payment to the landowner and occupier.
[edit] Related articles on Designing Buildings Wiki
- Access to Neighbouring Land Act 1992.
- Building survey.
- Burdens.
- Countryside and Rights of Way Act 2000.
- Deed of easement.
- Dominant estate.
- Due diligence.
- Encumbrances.
- Land register.
- Property rights.
- Restrictive covenants.
- Right to light.
- Right of support.
- Rights of way.
- Rights over land.
- Right to a view.
- Right to access land.
- Servient estate.
- Tree rights.
- Trespass.
- Wayleave.
[edit] External references
Featured articles and news
The restoration of the novelist’s birthplace in Eastwood.
Life Critical Fire Safety External Wall System LCFS EWS
Breaking down what is meant by this now often used term.
PAC report on the Remediation of Dangerous Cladding
Recommendations on workforce, transparency, support, insurance, funding, fraud and mismanagement.
New towns, expanded settlements and housing delivery
Modular inquiry asks if new towns and expanded settlements are an effective means of delivering housing.
Building Engineering Business Survey Q1 2025
Survey shows growth remains flat as skill shortages and volatile pricing persist.
Construction contract awards remain buoyant
Infrastructure up but residential struggles.
Home builders call for suspension of Building Safety Levy
HBF with over 100 home builders write to the Chancellor.
CIOB Apprentice of the Year 2024/2025
CIOB names James Monk a quantity surveyor from Cambridge as the winner.
Warm Homes Plan and existing energy bill support policies
Breaking down what existing policies are and what they do.
Treasury responds to sector submission on Warm Homes
Trade associations call on Government to make good on manifesto pledge for the upgrading of 5 million homes.
A tour through Robotic Installation Systems for Elevators, Innovation Labs, MetaCore and PORT tech.
A dynamic brand built for impact stitched into BSRIA’s building fabric.
BS 9991:2024 and the recently published CLC advisory note
Fire safety in the design, management and use of residential buildings. Code of practice.
Comments
To start a discussion about this article, click 'Add a comment' above and add your thoughts to this discussion page.