In the law relating to property, easements are a common reason for dispute. Easements are a right of one property over another property. An easement is a right that someone may have to use land that they do not own in a certain way, or to prevent the owner of that land from using it in a certain way. They are usually created on a sale of part of land.
The most common method of creation of an easement is where a landowner sells a part of the land they own and retains a part. The sale of the land may mean that the landowner no longer has access from the road to the piece of land they have retained. In order to prevent this happening, the landowner will write into the draft contract and the purchase deed that they retain a right of way over the land. When either landowner sells their piece of land, the easement will remain effective over the land.
If the land is registered property, easements must be registered with the land registry on both titles. If the land is unregistered, it is not necessary to register the easement as it will be contained in the deeds to the property. Easements should be created by deed – this means the document granting the right should be signed, witnessed, sealed and delivered. Express grant of an easement is not the only way to grant or reserve an easement. Easements can also be created by implication, by statute or by continued use of a right for many years.
- Our service includes:
- Proving that a right of way or other easement exists.
- Registration of easement where necessary.
- Drafting a deed in which all terms are expressly set out in writing.
- Give advice where there is no written document to refer to the extent of the right of way, when easement is created from known transactions by implication, when a way has been continuously used for a long period of time then such use or right to use will be presumed to have had a legal origin and any other queries you may have.
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