Complete Guide to Deed of Easements in the UK

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Express Easement

An express easement sets out the rights to access or use someone else’s land. It is written down, usually in a deed. You should hire a solicitor to help guide you through and write your deed of easement. It is usually the person that will benefit from the easement who pays for the cost of making the deed of easement.

Prescriptive Easement

If you have openly used another person’s land for a long enough period of time without permission from the owner, then a prescriptive easement can be granted. To qualify for a prescriptive easement you need to have used another person’s land for 20 years, openly, without force and without permission. A solicitor can advise you on if you need to get a deed of easement or if you have a prescriptive easement.

Implied Easement

If you can prove that both you and the other land owner want you to use the land, you can get an implied easement. If you qualify for an implied easement, you do not need to make a deed of easement. The most common implied easement is when the only way to access your land is through your neighbour’s land.

Informal Agreement

You could opt out of getting any type of legal deed of easement and instead make an informal agreement with your neighbour. You can discuss what rights you want to have over their land. By negotiating and reaching an agreement between yourselves, you will not need the help of a solicitor. This is not recommended because an informal agreement cannot be enforced by a court.

Step 1

Initial Meeting

You will first discuss your situation with a solicitor, who will advise you on whether you will qualify for an easement.

Step 2

Solicitor Assessment

Your solicitor will then help you figure out if a deed of easement is suitable or if the easement you want is implied or prescriptive (see solutions section above for further details).

Step 3

Land Registration Check

Your solicitor needs to know if the land is registered or unregistered - this can be checked by the Land Registry or your Conveyancer. It is easiest to get a legal right to an easement if both yours and the other person’s land is registered (and this is true in most cases).

Step 4

Land Registration

If any land is unregistered, you will have to inform the Land Registry. It is recommended that you get the land registered and note down your easement in that registration. Your solicitor will help you through this process.

Step 5

Writing the Deed

Your solicitor will draft a deed of easement which outlines, in simple and clear terms, the rights you want over someone else’s land and what payment you are willing to give in return for this.

Step 6

Finalising the Deed

Most deeds of easement contain a clause for the other person to give consent to the easement. Once the other person involved gives their consent and / or the deed is signed, you will have a legal right to that easement.