It is quite common for a property to have an easement running through, or over, it. So, what is an easement and what does it mean for property owners?
An easement is a grant of rights over land by the property owner to another party for the purpose of entering the property to install or maintain services, or to gain access to another parcel of land.
While there are many different types of easements, there two main varieties.
1. Service Easement
Most properties are subject to some sort of service or utility easement. This may include electricity easement, telephone lines, water and sewerage lines and natural gas lines. Most easements, such as the ones listed above, cause no disturbance to the land owner.
2. Right of Way Easements
A right of way easement is where the owner of property A grants property owner B the right to cross over a section of property owner A’s land to gain access to property B.
This may include a shared driveway, or a path over your property for a neighbor to reach their property. Most right of way easements were originally created when the original land subdivision was drawn up and recorded. To be valid, a right of way easement must be recorded on both land owners’ title deeds.
If a new right of way easement is required over a parcel of land, both land owners will usually have to make application with the court.
Most easements have little impact on a property owner’s enjoyment of their property, but it is always wise to check your title deeds or contract for sale (if you are buying a property) to ensure you understand any rights or restrictions which may be held of your land.
If in doubt, we recommend you consult your solicitor or legal advisor.