Q&As

Easements for Split Land Parcels in Common Ownership

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 10 October 2016

Where a single parcel of land is to be split into two separate parcels (with separate title numbers), can easements be created over one of the new parcels to prevent the parcel being landlocked, given that both parcels will remain in common ownership? The parcel to be subject to the easements will also be charged.

An easement is a right granted to the owner from time to time of one piece of land over another piece of land for the benefit of the former. The two pieces of land will normally need to be appurtenant to each other—in most cases this will mean that they are adjoining. Common easements are rights of way and rights of support. The leading case in respect of easements remains Re Ellenborough.

This provides that it is necessary for the creation of an easement that:

•
there is a ‘dominant’ tenement and a ‘servient’ tenement (ie that there is one piece of land that has rights over another, separate piece of land)
•
the easement is for the accommodation (ie

Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).