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EASEMENTS: WHAT YOU NEED TO KNOW

View profile for Nafisa Iltaf
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When purchasing a property or land, it is important to be aware of any easements in place. The ‘rules’ created by easements could affect your privacy and cause a wide range of implications from parking arrangements to plans you may have for renovations or building work.

Nafisa Iltaf, Trainee Paralegal in Chattertons Commercial Property team, clarifies the key points:

WHAT IS AN EASEMENT?

An easement is a right to cross or use someone else's land for a specified purpose. Common examples include right of way, right to light and right for drainage pipes or other service media to pass over or under the land.

HOW ARE EASEMENT RIGHTS CREATED?

Easements can be created in numerous ways including but not limited to:

  • Express grant which can be done through a Deed of Grant
  • Implied grant where the grant is necessary for use of the land for example a right may be implied over surrounding land to enable access to the property
  • By prescription where someone exercises a right repeatedly, openly and without the landowner's permission for a period of at least twenty years

IS IT POSSIBLE TO REMOVE AN EASEMENT?

It can be tricky, but there are some circumstances where this is possible, for example:

  • An express release of an easement by deed
  • Implied release by licence, abandonment or alteration and excessive use
  • By operation of law

GET IN TOUCH

If you require advice regarding easements, or assistance with settling an easement dispute, please contact our Commercial Property team by contacting your local office, or complete our online enquiry form.

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