Easements

If you are buying a property that has an easement referred to on the title plan, it is important to understand what is involved and what it might mean for you.

There are different types of easements, with different rules on how they can be granted, the terms that will apply, and when and how the law will protect them.

For example, easements can be private. The easement is granted in favour of one or more lots of land (with the land which benefits from the easement called the dominant land). Common examples include private driveways, party walls, water supplies and sometimes, communal areas.
Easements can also be granted to public authorities, often a utility or a service provider. Examples include easements in relation to water, power, gas, sewerage, drainage and telecommunications lines. These are called ‘easements in gross’.

The different rules can make it challenging to understand easements properly – and it’s important to get expert advice.

If you want to know how easements may affect your proposed purchase or think that you may need an easement to protect your land, please get in touch with our dedicated property team.
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