An easement is a right to use land that belongs to a third party or prevents the landowner from using it in a certain way.
Easements can be created by a deed of grant. The person who received the benefit of the easement is usually responsible for the costs of preparing the deed of grant. For example, if a landowner needs a supply of water and this requires pipes running through a neighbour’s land, the landowner requiring water will be responsible for financing the deed of grant, maintenance costs of the pipes and the water supply cost.
There are several different types of easements including:
- Express grant – this is usually written in the deeds to a property and occurs when part of a property is sold but the seller wants to keep some of the rights over the sold land such as a right of way.
- Prescription – this occurs when an individual has been openly using the land in a certain way for over 20 years. If this can be proved, an easement for continued use may be granted.
- Implied grant – this also usually occurs when part of a property is sold, however, its existence is implied by law rather than written in the deeds to a property. For example, if the land sold can only be accessed through the land that has been retained, there is an easement of necessity.
Our highly experienced team of commercial property solicitors are well versed in advising on a grants of easement as well as options for easements and are proud to offer a full, comprehensive, and friendly service.
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