Easements are the unsung heroes of property law, helping homes, businesses, and landowners function smoothly. Whether it’s a shared driveway, a drainage system, or utility cables running underground, easements give people legal rights to use land they don’t own. But not all easements work the same way. In this guide, we’ll break down the three main types of easements so you can understand how they work, why they matter, and what to do if you need to create, challenge, or remove one.
What is an easement?
An easement is a legal right that allows one party to use another person's land for a specific purpose without owning it. Easements help ensure properties can function properly by allowing essential access or services, such as pathways, driveways, drainage, or utility connections.
Easements are also legally binding and usually remain in place even when the land is sold to a new owner. They are designed to balance property rights between landowners while preventing disputes over land use.
Common examples of easements
1. Rights of way easements
One of the most common types of easements, a right of way allows a person to pass through another person’s land to access their own property.
💡 Example: A homeowner whose driveway is located on a neighbour’s land may have a legal right of way easement to drive across it. This ensures they cannot be blocked from accessing their property.
2. Drainage easements
These easements allow water, sewage, or storm drainage to flow through underground pipes or natural watercourses on another person’s property.
💡 Example: A property at the bottom of a hill might have a drainage easement that permits rainwater to run through a neighbouring property via a ditch or pipe system.
3. Utility easements
Utility companies often require easements to install and maintain essential services such as gas lines, electricity cables, broadband, and water pipes. These easements ensure that utility providers can access private land without needing permission every time maintenance is required.
💡 Example: A telephone company might have an easement allowing them to install fibre-optic cables under a private garden to connect a street to a larger network.
4. Light and air easements
These easements protect access to natural light and ventilation, often preventing new buildings from obstructing windows or airflow.
💡 Example: If a homeowner has a large window that has enjoyed natural light for decades, a light easement may prevent a neighbouring property from constructing a high wall that blocks sunlight.
What are the three main types of easement in the UK?
There are three main types of easements: express, implied, and prescriptive. Express easements are written agreements between landowners. Implied easements arise when access is necessary for land use, even without a formal agreement. Prescriptive easements develop over time when land has been used continuously (typically for 20+ years) without permission or objection.
Type of easement | Can it be removed? | Common examples |
|---|---|---|
Express Easement | Difficult, requires legal agreement | Right of way across a driveway |
Implied Easement | Hard to remove unless proven unnecessary | Access to a landlocked property |
Prescriptive Easement | Can be challenged if use is interrupted | A footpath used over decades |
Is there a fourth type of easement?
While express, implied, and prescriptive easements are the three primary types, some legal discussions consider public easements as a fourth category. A public easement grants the general public the right to use private land for specific purposes, such as a public footpath, bridleway, or highway access. Unlike private easements, which benefit a specific individual or property, public easements exist for everyone’s use and are often maintained by local authorities.
What is an express easement?
An express easement is a legally documented agreement that gives a person the right to use another person’s land for a specific purpose. It is created by mutual agreement between property owners and is usually recorded in the property deeds or the Land Registry, ensuring that it remains legally enforceable.
Express easements are commonly used to establish rights of way, access for utilities, or drainage rights, providing clarity on land usage and preventing disputes.
Key features of express easements
Legally binding agreement: Express easements are established through a written contract, making them legally enforceable.
Recorded in property deeds: They are typically included in the title deeds or Land Registry records, ensuring clarity on land rights.
Applies to future owners: Once registered, an express easement remains attached to the land, meaning it continues to apply even if the property is sold.
Common in property transactions: Express easements are frequently used when properties rely on shared driveways, utility access, or pathways.
Example
Imagine you buy a house that sits behind another property, and the only way to access the main road is via a shared driveway on your neighbour’s land. To avoid future disputes, you and your neighbour create an express easement, legally confirming your right to use the driveway for access. This agreement is recorded in both property deeds, ensuring that future owners must also respect the right of way.
What is an implied easement?
An implied easement is a legally recognised right that allows someone to use another person’s land without a written agreement. Instead of being formally recorded in property deeds, an implied easement arises automatically when land use makes it necessary - typically when a property is sold or divided. These easements ensure that a property can function properly, even if access or services were not explicitly agreed upon in writing.
Implied easements are especially important when a property relies on a certain access route or utility connection that has historically been used, even if there was never a formal agreement in place.
Key features of implied easements
Created automatically: These easements arise based on how the land has been used rather than through a formal contract.
No written agreement required: Unlike express easements, implied easements do not need to be written into property deeds or registered with the Land Registry.
Legally enforceable: Even though they are not documented, implied easements can be enforced by law if they meet the necessary legal criteria.
Essential for property access: Often established when access, drainage, or utilities are crucial for the enjoyment of a property.
Example
Imagine a landowner sells part of their land, creating a landlocked plot that has no direct access to a public road. Even though no written easement was included in the sale, the law implies a right of way over the seller’s retained land to ensure the new owner can still reach their property.
What are prescriptive easements?
A prescriptive easement is a legal right that arises when someone continuously uses another person’s land for a specific purpose without permission for at least 20 years. If the landowner does not object during this period, the user may gain a permanent legal right to continue using the land.
Prescriptive easements are often claimed for rights of way, drainage, or utility access, particularly when no formal agreement was ever made but the use has been longstanding and unchallenged.
👉 You can learn more in our guide to what are easements by prescription.
Key features of prescriptive easements
Created through long-term use: No formal agreement is needed - the right is established simply by consistent, unchallenged use over 20 years.
Cannot be revoked easily: Once an easement is established, the landowner cannot simply remove or block it.
Can be registered for legal protection: A prescriptive easement can be added to the Land Registry, making it an official part of the property’s legal rights.
Applies even if land ownership changes: If a prescriptive easement is recognised, it remains in place even if the land is sold to a new owner.
Example
Imagine you live in a house that does not have direct road access, so you’ve been using a shortcut footpath across your neighbour’s land for over 20 years. The landowner never objected or gave you permission, and you used the path openly the entire time. If the landowner later tries to block the path, you may be able to claim a prescriptive easement, legally securing your right to continue using the shortcut.
What are public easements?
A public easement is a legal right that allows the general public to access or use privately owned land for a specific purpose - such as a public footpath, road, or bridleway. Unlike private easements, which benefit a specific individual or property, public easements exist for everyone’s use and are protected by law. These rights often develop over long-term public use and can be enforced by local councils or government authorities to ensure access remains open.
Key features of public easements
Open to the public: Unlike private easements, which benefit specific individuals or properties, public easements allow anyone to use them.
Legally protected: Local councils, highway authorities, and other government bodies have the power to maintain and enforce public easements.
Difficult to remove: Once a public easement is established, it is very difficult to revoke. A landowner must apply for a legal order and prove that the easement is no longer needed.
Can be maintained by authorities: Many public easements, such as footpaths and bridleways, are officially recorded on definitive maps held by local councils.
Can you ever remove an easement on a property?
Yes, in some cases, easements can be removed or modified, but it depends on the situation. Here’s how it can happen:
By mutual agreement – If both the landowner and the benefiting party agree that the easement is no longer needed, they can legally revoke it.
By abandonment – If the easement hasn’t been used for a long time and there’s clear evidence that it’s no longer needed, it may be considered abandoned and could be removed.
By court order – A property owner can apply to the court to remove an easement if it has become unnecessary, is being misused, or is significantly affecting the property’s value or use.
💡 Tip: If you think an easement on your property should be removed, it’s best to seek legal advice from an easement solicitor to understand your rights and options.
FAQ
Can a property owner block an easement?
No, a landowner can’t legally block an easement. Easements are legally binding, and restricting access could lead to legal action. You can learn more in our guide to property owners blocking easements.
Do easements lower property value?
It depends. Some easements, like utility access, may have little impact, while others, such as restrictions on development, could lower property value.
Do easements transfer with property ownership?
Yes! Most easements are tied to the land itself, not the owner. This means they transfer automatically when the property changes hands.
Final thoughts
Easements are essential for maintaining property access, utility connections, and public rights of way. Understanding the differences between express, implied, and prescriptive easements can help property owners navigate legal obligations and avoid disputes. If you need to establish, challenge, or remove an easement, seeking legal advice from a property lawyer is recommended to ensure your rights are protected.
