Easement Definition

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GLOSSARY

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What does Easement mean?

A right to use land in a particular way that does not confer a right to take the fruits of the land or a right to possession.

The right is an incorporeal hereditament. Examples of easements include a right of way or a right to support. Easements may be acquired by express grant, prescription and lost modern grant.

Property

A right to use land in a particular way that does not confer a right to take the fruits of the land or a right to possession.

The right is an incorporeal hereditament. Examples of easements include a right of way or a right to support. Easements may be acquired by express grant, prescription and lost modern grant.

View the related checklists about Easement

Rights of light—identifying provisions in leases—checklist

Rights of light—identifying provisions in leases—checklist This Checklist sets out which clauses in a lease and other relevant documents should be reviewed to determine whether a right of light exists. A right of light is an easement that entitles a landowner to receive natural light through an aperture in a building on its property. The owner of the land that is burdened by the right of light (the 'servient Building') cannot interfere with it without consent. On any proposed development it is therefore necessary to identify any neighbouring properties potentially enjoying a right of light (the 'dominant Building'). For further information regarding rights of light, see the following Practice Notes: • Establishing and maintaining rights of light • Rights of light—obstruction notices • Rights of light claims • Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, which means that a right of light can be acquired for their own benefit and in their own right by those with a...

Environmental issues in new leases—tenant’s checklist

Environmental issues in new leases—tenant’s checklist Environmental reports • Are there any existing environmental reports? Will the tenant get the benefit of the report(s) via a reliance letter? Do the reports raise any concerns? Have the appointment terms and certificate of insurance been provided? • Commission a combined contaminated land and flooding desktop report in every transaction. Are any other specific desktop searches required (planning, utilities, agricultural, crossrail, HS2, Japanese knotweed)? • If the desktop concludes that the property is ‘in need of further assessment’ in respect of contaminated land liabilities, advise the client of the options available to assess the risks and the timing and cost implications. Consider the following steps: ◦ raise additional enquiries with the landlord’s solicitors ◦ instruct the desktop provider to raise regulatory enquiries with the local authority contaminated land team, planning department and if appropriate the Environment Agency and local petroleum officer ◦ consider whether a phase 1 site walkover is required ◦ obtain a quote for indemnity insurance ◦ if there is no...

Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title.Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient land and so giving the dominant owner the right to receive something from the servient land (eg a right to light).Easements can be legal or equitable and they can be created by express or implied grant or by statute or arise by prescription or long user. See: Checklist for the creation and registration of easements.Easements are different from:•natural rights arising by law from the ownership of land (eg a right to continuance of an accustomed flow of water in a natural channel bordering land)•profits à prendre which are the right to take something from the servient land•rights of common which...

Easements—LPA 1925, s 62 and permissions

Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance of part to convert a permission (eg to use an area for car parking) into an indefeasible right.Deemed inclusion of rightsSection 62 provides that every 'conveyance' of land is deemed to include and operates to convey, with the land:•all ways, waters, watercourses, liberties, privileges, easements, rights and advantages•appertaining or reputed to appertain to the land, or•at the time of the conveyance, demised, occupied or enjoyed with or reputed or known as part and parcel or appurtenant to the land or any part of itA conveyance of land with buildings on it includes:•all ways, passages, lights, watercourses, liberties, privileges, easements, rights and advantages whatsoever•appertaining or reputed to appertain to the land or buildings, or any part of it or them, or•at the time of conveyance, demised, occupied or enjoyed with or reputed or known as part or parcel of or appurtenant to the land...

Discover our 150 Practice Notes on Easement

Property warranties (short-form) in an asset purchase

Property warranties and definitions to include in a short-form asset purchase agreement 1 Definitions In this Agreement, unless the context otherwise requires: Encumbrance means any mortgage, claim, charge (fixed or floating), pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or other encumbrance or any legal or equitable third party right or interest including any security interest of any kind or any type of preferential arrangement (or any like agreement or arrangement creating any of the same or having similar effect) and Encumbrances means more than one of them; Freehold Properties ...

Overage deed (long form—percentage of amount by which development receipts exceed a series of thresholds)

Overage deed (long form—percentage of amount by which development receipts exceed a series of thresholds) Date: [insert formal date of deed DD-month-YYYY] Parties 1 [insert name of seller ][of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (the Seller); and 2 [insert name of buyer ][of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (the Buyer). Recitals (A) [By a sale and purchase agreement (the 'Contract') dated [insert date] the Seller agreed to sell the Property to the Buyer.] (B) By a transfer dated [on the date of this deed OR [insert date in its full format DD-month-YYYY]] the Seller transferred the Property to the Buyer. (C) This deed is supplemental to [both the Contract and] the Transfer. 1 Definitions In this Deed, the following definitions apply: Acceptable Planning Permission • Planning Permission which is...

Dive into our 82 Precedents related to Easement

Can a landlord/agent enter the common parts of houses in multiple occupation without notice to carry out repairs or show potential tenants an empty room? Would the position change if some tenants had a joint assured shorthold tenancy for exclusive possession of certain rooms as well as the ability to use common areas?

Can a landlord/agent enter the common parts of houses in multiple occupation without notice to carry out repairs or show potential tenants an empty room? Would the position change if some tenants had a joint assured shorthold tenancy for exclusive possession of certain rooms as well as the ability to use common areas? Although Part 2 of the Housing Act 2004 (HA 2004) defines various types of houses in multiple occupation (HMOs), the most commonly encountered situation is where a building consists of more than one unit of living accommodation which: • are not self-contained flats • is occupied by persons as their only or main residence, but not as a single household, and • two or more households share one or more basic amenities, by which is meant a toilet, personal washing facilities or cooking facilities Such accommodation requires a licence under HA 2004 and it is assumed for the purposes of this question that this has happened. It will readily be seen therefore that where a landlord has...

Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)?

Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)? An easement of light like any other easement is a right that benefits one plot of land by giving such rights over adjacent land. A right to light is an important right as it prevents the owner of the servient land from interfering with that right, for example, by the construction of buildings on their plot of land which would block light. The scope of such a right is ordinarily that the dominant land has the right to a reasonable amount of natural light from the sky to the windows of their buildings. The right to light applies in respect of windows or other apertures in a building rather than to the land itself. The right is therefore not a general right to receive light but rather relates to a specific dwelling house or other building: see Colls v...

See the 384 Q&As about Easement

Property Disputes weekly highlights—12 December 2024

This week's edition of Property Disputes weekly highlights includes: a High Court decision granting a final injunction against protestors, Upper Tribunal decisions on whether communal electricity charges that did not account for the use of solar panels were reasonably incurred, the threshold for unreasonable behaviour capable of justifying an order for costs, and calculation of ‘internal floor area’ for the purposes of the right to manage. It also includes the 178th Practice Direction update to the Civil Procedure Rules, the Ministry of Justice’s decision to publish the names of claimants of money judgments on the Register of Judgments, Orders and Fines in England and Wales, and amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order.

Property weekly highlights—21 November 2024

This week's edition of Property weekly highlights includes: a Law Commission consultation on the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954, cases on the failure of a claim for implication of a tenant obligation to comply with legal obligations, specific performance, overriding easement costs, stamp duty land tax group relief and business rates and the latest HM Land Registry updates.

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