An easement is a legal right allowing one property owner to use or benefit from land owned by another. Common examples include rights of way, rights of light, access rights, parking rights and rights relating to utilities. Easements are binding legal rights that can continue to affect property owners and their successors in title.
What Is an Easement?
An easement exists where one property (known as the dominant land) benefits from a right over another property (the servient land). Easements may be positive, allowing a person to use another’s land, or negative, restricting how land can be used in order to protect the interests of the neighbouring property owner.
How Are Easements Created?
Easements can be created in several ways, including by express agreement, implication, long-standing use, or statutory provisions. Some rights arise because they are specifically granted in legal documents, while others may develop over time through continued and established use.
Common Types of Easements
Easements frequently arise in relation to:
- Rights of way and access.
- Parking rights.
- Utility and service connections.
- Fire escape routes.
- Rights of light.
A right of light is a particular type of easement that allows a property owner to receive natural light through defined windows or openings in a building. These rights can arise through agreement, implication or long-term use.
Easement Disputes
Disputes can arise over the existence, scope, interpretation or obstruction of an easement. Questions often arise about whether a right has been created, whether it has been lost, or how far a property owner can exercise their rights over neighbouring land.
How We Can Help
Our property dispute specialists advise on all aspects of easement law, including rights of way, rights of light, access disputes, parking rights and utility easements. We can help establish, protect, enforce or challenge easements and provide practical advice to safeguard your property interests.