Easements - What Are They?

An easement is defined as a right to use or access another person's property without having ownership of it. Essentially a private right of way, it allows those who have no other route to a public highway to use private lanes or driveways in order to reach them. If you cannot access your property directly by a public road, then there will most likely be an easement in your Title Deeds. This will give you the right to pass and re-pass over a lane or driveway which leads to a public highway.

Some common examples of easements:

  • When a large property has been redeveloped, split into several different properties and sold off to different owners. The ownership of the lane or driveway will be contained within the title of one property- the servient tenement. The other properties - the dominant tenements - will have a right of way over the land to enable them to access their property from the public highway. 
  • If a property is built with a septic tank, it may be constructed on a neighbour's land. The tank can be used either exclusively by that property or in common with other nearby properties.  An easement can be granted to give those who use the septic tank the right to have their waste drained into the tank and the right to go on to their neighbour's land to have the tank emptied, repaired or maintained. 
  • If you live in a semi-detached or terraced property, it is highly likely that you have been granted easements over your neighbour's land in your title. Your neighbours will have also been granted easements over your land. This allows for pipes, drains and cables to run over and under each other's property to allow the supply of gas, electricity and water.

I have dealt with easement disputes concerning:

  • Shared rights of way
  • Costs or contribution to costs for maintaining the right of way
  • Neighbours behaving as if they have legal right of way when they do not
  • Individuals blocking neighbour's gutters after taking exception to their neighbour's rainwater running down a shared pipe

In the majority of cases, easements cause no problems to the properties that are affected by them. However, disagreements do sometimes occur and in these circumstances prompt action with the assistance of Clough & Willis can ensure that matters are resolved quickly. Some of the problems I have outlined may amount to little more than minor irritations. Depending on the relationship you have with your neighbours, issues may be easily resolved by speaking directly to them and reminding them of the actual right of way if one exists at all.

Easement disputes can have a negative effect the value of a property and deter potential buyers. If you have any issues with your neighbours that you have not been able to resolve get in touch with me as soon as you can and I will provide you with expert guidance on your situation.

Contact Clough & Willis

I always aim to resolve rows amicably, wherever possible. When action is required to deal with a difficult and obstructive neighbour, I will guide you through the process whether your case is dealt with in court of by the Adjudicator of the Land Registry. 

Our team of property dispute solicitors are highly experienced, and are happy to help, whatever your circumstances. Contact us today by calling our Bury and Bolton-based team. Call 0800 083 0815, or fill out an online enquiry form and we will be in touch. 


What Our Clients Say

Many thanks to Shefali for her hard work in making our move go well. Thank you.

Mr & Mrs Scott

Made what could have been a difficult matter, easy, fast and in a very friendly manner.

Mr Gillett

An excellent service highly recommended. Can't thank Miss Talukdar enough for her help and personal attention to our move.

Mr Webster

Thank you for dealing with our house sale in such a courteous and speedy manner.

Mr & Mrs Beetson

Very professional. Kept us up to date at all times. Miss Talukdar was extremely helpful and kept us updated when there were any problems.

Mr & Mrs Fitton

I received excellent service throughout the process, including being offered invaluable advice. I would recommend Clough & Willis to others.

Ms Lone

The efficiency of your service had much to do with the successful sale of our property. Your extensive knowledge meant the quick resolution of one potential stumbling point. We were very happy.

Ms Georghiou

Legal difficulties were overcome to enable us to complete both our sale and purchase. Without Clough & Willis advice and assured professionalism we would have floundered.

Client Satisfaction Comment

Shefali was first class I can't speak highly enough of her.

Mr Smith

Dominique has been fantastic throughout, extremely professional, helpful and thorough. Thank you so much.

Ms Procter

Very impressed with the prompt, professional and friendly service I received from beginning to end. Offered great value for money and took some of the stress away from buying a house. Clough & Willis will be my first choice in future and highly recommend to friends and family.

Mr Smith

Dominique was very professional when handling the purchase of my house and kept me up to date with information at every opportunity. The purchase and completion all went smoothly and I believe this was down to the professionalism and support from Clough & Willis.

Ms Budziosz

I found Dominique to be professional, diligent and a no jargon approach.

Mr Price

I was very pleased with the service Dominique provided. She was always fully up to date on my case whenever I called.

Ms Jones

Dominique was absolutely brilliant, kept me well informed and had me moved in very quickly. The whole process was very smooth and fast.

Ms Todd

Looked after our interests at all times and offered relevant advice and explanations.

Mr Brotherton

I was extremely pleased with the service provided to me throughout. Everyone I spoke to at the practice was very kind and professional. I felt that Dominique made every effort to help get my mortgage completed as quickly as possible.

Ms Krupa

“Dominique was great, sorted out all the problems and made buying our first home together a little less hectic!”

Mr Talbot & Miss Farnworth

Thank you so much for completing the legal work on the sale of my home. Your team and yourself are very helpful and professional. I can now get on with my life. I will recommend Clough & Willis to my friends and family.

Mr Price

We found Lorraine to be very understanding and dealt with us very professionally going the extra miles whilst we were out of the UK.

Ms Park-Wesley

Very happy with Lorraine and her team. They kept us informed at all times and advised us appropriately. We felt really valued as clients and would be happy to recommend Clough & Willis to family and friends.

Mr & Mrs Lloyd

Everyone I dealt with was polite and efficient. Emails and phone calls were replied to quickly. Made a good impression on me I would certainly recommend Lorraine to other would be sellers.

Ms Rhodes

I have been thoroughly impressed with Lorraine’s attention to details, which has ensured my interests have been looked after and protected. Lorraine is a professional, efficient and friendly partner at Clough & Willis and a true credit to the firm.

Mr Willis

Lorraine Stratton-Webb dealt with me in a professional manner, she kept me informed and made the move more easy than I had envisaged.

Ms Crowshaw

I have complete faith in your company and all of the staff. I have been confidently aware that you do the job in hand and keep me updated along the way. I have never had to chase up anything at all from any members of your team - you just do it regardless! Very refreshing. Thank you.

Ms Hawly

We found Clough & Willis experienced as to put us at ease during our house sale and purchase which is stressful most of the time, so it’s good to have a firm like Clough & Willis to support you through it from start to finish.

Mr & Mrs Tate

Lorraine Stratton-Webb – “Strength in the face of adversity” - 4 days after I thought I would lose the house of my dreams she completed the purchase. Thank You.

Ms Dix

Thanks for a very professional approach during my house purchase. Buying for my first house I had complete faith in Lorraine Stratton-Webb leaving no stone unturned during property searches.

Mr Jones

I would have no hesitation in using Clough & Willis; the team offered a very fast and efficient service and I am delighted with the service received. Thank you very much to Lorraine and her team for another fast and trouble free turn around.

Ms Whitter

Read all testimonials