What is an Easement?

An easement may exist in English Law. It is best described to be the right of one landowner to make use of another plot of land for the benefit of his own. An example of an easement might be the grant of a right to cross adjoining land in order to get to your own. However, it can take many forms, the most common of which are:

  • A right of way
  • A right to light
  • A right of support

An expressly granted or reserved easement will only be a legal interest in land if it is created by deed and, in respect of registered land, completed by registration. However, an easement can be implied and in certain circumstances, an easement can also be obtained by a long period of use of the right, known as an easement by prescription.

For example, the regular and unhampered crossing of another’s land might, over time, create an prescriptive right, subject to certain requisite tests being fulfilled.

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