Users' questions 

Is an easement Freehold?

Leia Doyle

Is an easement Freehold?

Easements created by deed may be: Contained in the sale of part of a freehold property: this is the usual way in which freehold easements are created – when a seller transfers part of his land he will often need to grant rights over his retained land and reserve rights over the land he is selling.

Which rights are capable of being an easement?

This is because an easement is a registrable property right, and therefore must be capable of being granted by deed, even if it has not been so granted….An easement may take many forms, however the most commonly encountered easements are as follows:

  • A right of way;
  • A right to light;
  • A right of support.

What is capable of being an easement?

Characteristics of easements The easement must accommodate the dominant tenement, that is, be connected with its enjoyment and for its benefit; The dominant and servient owners must be different persons; The right claimed must be capable of forming the subject-matter of a grant.

Can I access my Neighbour’s land to repair my property?

Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Accordingly, there is a legal right that allows this under the Access to Neighbouring Land Act 1992. Generally, if you go onto your neighbour’s land without their permission, you are trespassing.

Who owns the alleyway between two houses?

Who owns the alleyway? There are usually only two kinds of people and organisations who can own an alleyway: either your local authority or one (or more) of the people who live in your street.

What is an alleyway between two houses called?

An alley in London can also be called a passage, court, place, lane, and less commonly path, arcade, walk, steps, yard, terrace, and close. In an old neighbourhood of the City of London, Exchange Alley or Change Alley is a narrow alleyway connecting shops and coffeehouses.

Finally, the easement must be capable of forming the subject matter of a grant. This is because an easement is a registrable property right, and therefore must be capable of being granted by deed, even if it has not been so granted. Both parties must have capacity both to grant and acquire the legal right.

What is meant by an easement?

A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose. Or, you could have an easement on part of your property if it blocks access to a main road.

Can easement rights be transferred?

An easement is your right to use another person’s property. Now, this right that you enjoy cannot be transferred to another person unless you are selling the property. However, it is only the existing easement rights that cannot be transferred. Easement rights that you hope to enjoy in future can be transferred.

How to get an easement on a landlocked property?

Landlocked land is a classic example. To establish an easement of necessity, you will have to prove that your property has never had direct access to a public road, or that it was previously part of a larger tract of land which had such access. Appoint an attorney to research the matter and file your claim.

Can a property owner grant a road easement?

A property owner may grant or sell the right to a private road across her property. That road would be used for the neighbor’s travel. The easement would not give anyone the right to park, mow or use the road area for any purpose other than transportation.

How does an easement work in the National Forest?

This allows all present and future owners of his property to cross her land to access the national forest. The easement becomes a part of the deed for both properties. Ms. Smith could grant an easement to another individual to do the same, but without adding it to her deed.

Can a dominant owner remove an easement from a property?

Easements are not easily removed. Non-use by the dominant owner is not sufficient to be considered a release of easement. There must be some action by the owner of the dominant tenement that demonstrates an intention to abandon or terminate the easement and only the dominant tenement can be the one to release the easement.