Easements and rights of way are key parts of UK property law, allowing people to use land they don’t own for things like access or utilities. In this guide, we’ll break down what easements and rights of way are, how they’re created, and when legal advice might be needed.
What is an easement?
An easement is a legal right that allows someone to use another person’s land for a specific reason, even though they don’t own it. Easements are mostly used for:
Access: Allowing a neighbour to cross your land to reach their property.
Utilities: Granting rights for water pipes, electricity cables, or drainage systems to pass through land.
Light and air: Protecting a property’s right to receive natural light or ventilation.
👉 You can learn more in our guide to what is an easement?
What is a right of way easement?
A right of way easement can apply to pedestrians, vehicles, or both, depending on the agreement. They're common when a property doesn’t have direct access to a road or public pathway, meaning the owner needs to pass through a neighbour’s land to get in or out. For example:
1. Private roads and driveways
When a homeowner must drive across a neighbour’s land to reach their property.
Common in rural areas where properties are set back from public roads.
Usually through a formal agreement in property deeds.
2. Footpaths and bridleways
Paths that allow walking, cycling, or horse riding through private land.
Some may be public rights of way, meaning anyone can use them.
Others are private easements, granted to individuals or properties.
3. Shared access points
Common in housing developments or flats, where properties share a driveway or passageway.
The right of way makes sure all owners or tenants can access their homes without restriction.
Right of way easements help ensure smooth access to properties while also protecting landowners' rights. If you’re unsure about a right of way on your property, checking your title deeds or Land Registry records can help you understand the terms.
How are right of way easements created?
Right of way easements can be established in different ways, depending on how access is granted or used over time. These rights legally allow someone to cross land they don’t own and can be set up through formal agreements, long-term use, or legal authority. Here are the four main ways a right of way easement can be created:
1. Express grant (written agreement)
This is the most straightforward way to create a right of way. The landowner agrees to grant access to another party, usually through a written document that you record in property deeds. This agreement sets out clear terms, including:
Who can use the right of way (e.g. individuals or the general public)?
The permitted type of access (pedestrian, vehicle, or both).
Any maintenance responsibilities or restrictions.
This type of easement is set up during property sales, land transfers, or lease agreements.
2. Implied easement (access by necessity)
A right of way is not formally written but it’s implied because it is essential for the land’s use. This usually happens when:
A landowner sells part of their land but does not provide an official access route.
The only way to reach a property is by crossing another person’s land.
If you build a house without direct road access, an implied easement may allow the owner to cross neighbouring land to reach the public road.
3. Prescriptive easement (long-term use)
If someone has been using a path or access route for at least 20 years without the landowner's permission and interruption, they may gain a legal right of way. This is called a prescriptive easement and is based on:
Continuous use for at least 20 years.
Use without secrecy (e.g. it was open and obvious).
Use without force or permission (it wasn’t granted but also wasn’t stopped).
A permanent right of way may be claimed if a homeowner has been driving across a private lane to reach their property for over 20 years. This is when there has been no objection.
4. Statutory easement (legal requirement)
In some cases, a right of way can be created by law, often for public benefit. These are usually put in place by local authorities or government regulations. Examples include:
Public footpaths and bridleways created under rights of way laws.
Utility easements allow service providers to access land for power lines. Also for water pipes, or telecommunications.
💡Editor's insight: “A lot of people get confused thinking that statutory easements are optional. But in most cases, landowners can’t prevent access if the law requires it. They are non negotiable if it’s deemed necessary by law for a public or private requirement. If a landowner blocks or denies access, this will lead to fines or legal action.”
What are right of way easement disputes?
Disputes over right of way easements happen when there is conflict between landowners and those using the easement. These disagreements often arise when:
1. A landowner blocks or restricts access
The landowner erects a fence, gate, or barrier that prevents access.
They place restrictions, such as locking gates or changing entry conditions.
This can lead to legal action if the easement grants uninterrupted access.
2. The easement terms are unclear
If the scope of access (e.g. vehicles vs. pedestrians) is not clarified.
Uncertainty about whether the easement applies at all times or only in certain conditions.
Confusion over whether access rights extend to visitors, deliveries, or business use.
3. A prescriptive right of way Is contested
A person claims a right of way based on long-term use (20+ years), but the landowner disputes it.
The landowner may argue that the use was intermittent, unauthorised, or challenged in the past.
Legal intervention is often needed to prove or disprove prescriptive rights.
4. Maintenance responsibilities are unclear
Disagreements over who should repair or maintain a shared driveway, road, or path.
Disputes about costs for upkeep, resurfacing, or clearing obstructions.
If no formal agreement exists, you may need legal advice to determine liability.
When to use an easement solicitor
If you're facing a right of way dispute, our an easement solicitor can help protect your rights and find the best solution. Checking title deeds or Land Registry records is a good first step to understanding your legal position.
Reviewing or drafting easement agreements
Make sure easement terms are clear, legally sound, and registered.
Clarify who has access rights and any usage restrictions.
Resolving disputes over right of way access
Advise on legal options if access is wrongfully blocked or restricted.
Helping negotiate solutions between property owners.
Applying to remove or modify an easement
Assisting landowners in removing easements that are no longer valid or necessary.
Helping change easements to clarify access rights or responsibilities.
FAQ
Can a right of way easement be removed?
Yes, but only under certain conditions. You can remove if both parties agree. It also can be removed if it’s no longer needed, or if legal action proves it is invalid or unenforceable.
Can a landowner block a right of way?
No, a landowner can’t block an established right of way legally. If they do, the affected party can take legal action to restore access.
Do right of way easements transfer with property ownership?
Yes, in most cases, a right of way stays with the land even when ownership changes. This means new owners must honour existing easements unless removed by law.
Can I park on a right of way easement?
It depends on the terms of the easement. If the easement is strictly for passing through, parking may not be allowed. If the easement permits parking or does not specify restrictions, you might accept short-term parking.
Final thoughts
Easements and rights of way might seem like small legal details, but they can have a big impact on property access, land use, and even disputes between neighbours. Whether you’re a landowner or benefiting from an easement, knowing your rights can help prevent conflicts and ensure smooth property transactions.
References
Get information about property and land by Gov.UK
Registering land or property with HM Land Registry by Gov.UK
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified professional.