If you own land, you might already be benefiting from a quasi-easement without even realising it. These rights exist when a landowner uses part of their own land for access, utilities, or drainage. But if the land is later split and sold, that right could become a formal easement - legally protecting access for future owners. Here’s what you need to know.
What is an easement?
An easement is a legal right that allows one property owner to use another person’s land for a specific purpose. This could include rights of way, drainage access, or utility connections. Easements are legally binding, meaning they remain in place even if the land is sold to a new owner.
Easements also help ensure land can be used as intended without disputes. For example, if a homeowner’s only way to access their driveway is by crossing a neighbour’s land, a right of way easement ensures they can legally continue to do so.
What is a quasi-easement?
A quasi-easement exists when a landowner benefits from a right over part of their own land. Since you can’t have an easement over property you own entirely, this is known as a quasi-easement. However, if the land is later sold or divided, the right may become a formal easement.
Key features
Single ownership: A quasi-easement arises when a landowner enjoys a right over their own property.
Becomes an easement upon division: If the land is split and sold, the new owner may be legally required to allow continued use of the right, turning it into a formal easement.
Must meet legal criteria: To be recognised as an easement, the right must satisfy conditions such as necessity, continuity, and clear benefit to the land.
What is an example?
Imagine you own a large property, and the driveway leading to your home runs across another section of land that you also own. Since you control both pieces of land, no easement is needed. However, if you later sell the land containing the driveway, the new owner may need to grant you a formal easement so you can continue to access your home legally.
Quasi-easements are particularly important in land sales, as they help ensure that essential rights of access and use remain protected when ownership changes.
What is the difference between an easement and a quasi-easement?
Feature | Easement | Quasi-easement |
|---|---|---|
Ownership | Involves two separate property owners | Exists within a single ownership |
Legal status | Legally enforceable right | Becomes an easement upon land division |
Transferability | Passes with property ownership | Cannot be transferred until land is sold |
Can a quasi-easement become a formal easement?
Yes, a quasi-easement can turn into a formal easement when:
The land is split and sold, meaning different people now own the previously connected properties.
The right meets the legal criteria for an easement, such as necessity, continuity, and benefit to the land.
The new landowner does not object or restrict continued use of the right.
Once these conditions are met, the quasi-easement becomes a legally enforceable easement, ensuring continued access or use.
Can quasi-easements affect property sales?
Yes, quasi-easements can play a role in property transactions by:
Creating legal obligations: If a quasi-easement becomes an easement, the new landowner must legally recognise and uphold it.
Impacting property value: Land subject to an easement may have access restrictions or limitations that affect its use or desirability.
Leading to disputes: If a new owner challenges an implied easement, legal proceedings may be required to formalise or contest the right.
Before buying or selling land, it's important to check whether existing quasi-easements could turn into formal easements, as they can affect how the land can be used in the future.
What other types of easements are there?
Express easements: Formally written and agreed between property owners.
Implied easements: Arise automatically when land is divided if access is necessary.
Prescriptive easements: Created through long-term, unchallenged use (typically over 20 years). You can learn more in our guide to prescriptive easements.
Public easements: Allow public access to private land, such as footpaths.
FAQ
Can a landowner remove a quasi-easement before selling?
A landowner can decide not to formalise a quasi-easement, but if the new owner needs the right to continue, legal disputes could arise. In some cases, legal action may be needed to clarify access rights after the sale.
Do quasi-easements always become legal easements?
No, a quasi-easement only becomes a formal easement if it meets legal requirements after the land is divided and sold. If the new owner disputes it, legal action may be necessary to establish the right.
Should a solicitor check for quasi-easements when buying land?
Yes! An easement solicitor should review property records to see if any implied easements might apply after purchase. This helps avoid unexpected restrictions or legal disputes over access rights.
Final thoughts
Quasi-easements might not be formal legal rights initially, but they can impact property sales and access once the land is divided. If you're buying or selling land, it's important to understand how these rights could affect you. Getting advice from a property solicitor can help you clarify your rights, avoid disputes, and ensure a smooth transaction.
