Easements
An easement is a right which a person has over land owned by someone else. Easements are normally attached to the land rather than to a person and can be considered to last in perpetuity.
Examples of easements include:
- Rights of way.
- Right to light.
- The right for underground services to pass beneath the land of a neighbouring property.
- Right of support.
- The right to draw water.
An easement can be created by:
- Express grant, for example, it may be set out in a conveyance deed or a transfer deed.
- Necessity, for example, if there is only one means of access between a site and a public highway.
- By prescription, i.e. the act is repeated for a period of at least twenty years.
Easements can be extinguished in several ways:
- Agreement between the parties in the form of a deed.
- By implied release, for example it has not been used for a long period of time.
- Where the character of the dominant land has changed.
- By limitation of time, if a limitation was agreed.
- By a change in law.
Easements differ from wayleaves, which are temporary agreements typically used by utilities companies to allow them to install and maintain equipment on privately owned land in return for payment to the landowner and occupier.
[edit] Related articles on Designing Buildings Wiki
- Access to Neighbouring Land Act 1992.
- Building survey.
- Burdens.
- Countryside and Rights of Way Act 2000.
- Deed of easement.
- Dominant estate.
- Due diligence.
- Encumbrances.
- Land register.
- Property rights.
- Restrictive covenants.
- Right to light.
- Right of support.
- Rights of way.
- Rights over land.
- Right to a view.
- Right to access land.
- Servient estate.
- Tree rights.
- Trespass.
- Wayleave.
[edit] External references
Featured articles and news
Heat pump announcements, what homeowners need to know
An 'ultimate guide to heat pumps' from a heating company.
Construction contract awards reach £7.1bn in February
Their highest level in seven months.
The journey to sustainability in heritage
Research is the key to better understanding.
Heritage approaches to adaptation, mitigation and loss.
Bridging the gap between policy, finance and installation.
Development on brownfield land
Definition, background, policy and the latest consultation.
With the Design Framework for Building Services.
Retrofit of Buildings, a CIOB Technical Publication
Pertinent technical issues, measures and the roles involved.
ECA joins HSE campaign to support mental health
Working Minds’ five simple steps based on risk assessment.
Mental health in the construction industry
Mental health issues in brief with related articles.
Transitional arrangements, Building Control and the BSR.
For pre-October buildings with substantial progress by April.
How to write an inspection and test plan
ITPs for quality control and assurance particular elements.
Why quality counts in domestic ventilation systems
From products, to systems to the installation.
Empowering the Future with CIOB Academy
Lifelong learning, upscaling, and reskilling for the built environment.
Winners of the 2024 ASBP Awards
Project, Product and Initiative according to the 6 pillars.
Comments
To start a discussion about this article, click 'Add a comment' above and add your thoughts to this discussion page.