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Deed of Easements

Expert legal advice for property easements

Easements Explained

Easements refer to a landowner’s right to use neighbouring land to benefit his own land. The key here is that the easement is not simply created for the landowner’s personal gain, but rather that of his land.

For example, you might need a right of way through a neighbour’s land to reach the road, or you may need permission and approval to run infrastructure, such as water pipes, through the neighbour’s land to reach your property. In both scenarios, the easements primarily benefit the land.

1. What is a deed of easement?

A deed of easement is a legally binding document granting someone the right to use a specific part of another person’s land. It is typically registered at the Land Registry and automatically applies to future property owners.

Key Aspects:

The Parties: The dominant tenement benefits from the right; the servient tenement bears the burden.
The Scope: Strictly defines allowed activities and assigns maintenance duties.
Common Uses: Rights of way, utility pipe installations, property repair access, and rights to light.
Alternative Names: Deed of grant or right of way agreement.

2. How long does it take to get a deed of easement?

How long it will take to obtain a deed of easement will depend on the details of the easement and how the process of negotiations between the parties goes.

Once we understand your situation, we would be able to provide an estimate as to how long the process may take.

If it’s time sensitive, start early to ensure any projects planned will not be unnecessarily delayed.

3. Do easements affect property value?

In some circumstances an easement may negatively affect your property, but every situation is different.

How an easement could affect a future buyers view of a property should be a consideration.

We would be able to discuss any consequences of an easement with you once we understand the details involved.

For any questions regarding legal advice for a deed of easement please contact our experts. For an initial, no obligation call please ring 01865 594265 or email us at [email protected]