The following Property practice note provides comprehensive and up to date legal information covering:
An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title.
Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient land and so giving the dominant owner the right to receive something from the servient land (eg a right to light).
Easements can be legal or equitable and they can be created by express or implied grant or by statute or arise by prescription or long user. See: Checklist for the creation and registration of easements.
Easements are different from:
natural rights arising by law from the ownership of land (eg a right to continuance of an accustomed flow of water in a natural channel bordering land)
profits à prendre which are the right to take something from the servient land
rights of common which are a form of profit à prendre exercisable over common land (eg rights of pasture or to cut turf, peat or wood)
customary rights enjoyed by a changing body of persons incapable of taking a grant and in relation to which there is no dominant tenement (eg the right for inhabitants
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. 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
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.