The following Property guidance note provides comprehensive and up to date legal information covering:
Where third party land intervenes between a new development and the public highway, most developers are aware that they will need to secure a right of way over the third party land in order to access the development.
It is important that easements required for utilities and services are not overlooked. Where land is sold in parts, the supply of essential services to the new development depends on the effective grant of easements over any land in third party ownership.
A utilities provider may have a choice whether to acquire a private easement to lay and maintain facilities across other land, or to rely on statutory rights (for example under the Water Industry Act 1991 or the Electricity Act 1989—see Practice Note: Statutory wayleaves and rights of access).
Where a private easement is granted, it is not necessarily essential that dominant land is identified in the usual way: the statutory undertaker itself can constitute the dominant tenement. See News Analysis: Water undertakers—statutory rights, private grant and prescriptive easements (Bate and another v Affinity Water Ltd).
The fact that an easement may already exist is not necessarily the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234