Easements Advice Online

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Easements Explained

Easements are Incorporeal Heraditaments; in plain English this means that they comprise of certain rights which one landowner may enjoy over the land of another. Common examples are the right of way and the right to light but are not limited to these two ancient rights. More recent examples include the right to park cars, cross with shopping trolleys, the right to enjoy lighting and exit signs and even the right to use a neighbours land in connection with the movement of aircraft. The definition of an easement cannot be expressed in simple terms, but at the outset it is vital to realise all easements will involve two separate pieces of land, the benefited land and the burdened land.

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Sample Questions

  • “… we are interested in purchasing a property…we have been told it may have an easement attached to it… is there a simple way to find out…”

     

  • “… my neighbour… with whom I have had several past disputes… has planted a fern border on his side of our adjoining garden…I have been told these plants will reach a height of around 18 feet…. This will totally block the view from our side…”

     

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