What is an Easement ?

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An easement is a right enjoyed by one land owner over another’s land. A common example of an easement is a right of way, for your neighbour to pass over your land to reach theirs for example. Rights of drainage and other services to pass under your land (and yours under your neighbours) are common.

It is important to know easements can be granted over your land without your consent, this is often done by rights by prescription (prescriptive rights). Also if you sell off or transfer a part of your land, the law may grant the buyer rights such as rights of way or light over your retained land. You should seek the advice of counsel (a barrister) if performing such a transaction.

To establish if you have an easement over your land (serviant tenement) you should check your title register and title deeds as it will be explicitly recorded within them. Your title plan may also illustrate the route, path and dimensions of the right of way.

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