What are the three types of easements?

Summary

Easements are the unsung heroes of property law, helping homes, businesses, and landowners function smoothly. Whether it’s a shared driveway, a drainage system, or utility cables running underground, easements give people legal rights to use land they don’t own. But not all easements work the same way. In this guide, we’ll break down the three main types of easements so you can understand how they work, why they matter, and what to do if you need to create, challenge, or remove one. An easement is a legal right that allows one party to use another person's land for a specific purpose without owning it. Easements help ensure properties can function properly by allowing essential access or services, such as pathways, driveways, drainage, or utility connections. Easements are also legally binding and usually remain in place even when the land is sold to a new owner. They are designed to balance property rights between landowners while preventing disputes over land use. 👉You can learn more in our guide to what are easements in the UK. One of the most common types of easements, a right of way allows a person to pass through another person’s land to access their own property. 💡 Example.

Key information

• Legally binding agreement: Express easements are established through a written contract, making them legally enforceable.
• Recorded in property deeds: They are typically included in the title deeds or Land Registry records, ensuring clarity on land rights.
• Applies to future owners: Once registered, an express easement remains attached to the land, meaning it continues to apply even if the property is sold.
• Common in property transactions: Express easements are frequently used when properties rely on shared driveways, utility access, or pathways.
• Created automatically: These easements arise based on how the land has been used rather than through a formal contract.
• No written agreement required: Unlike express easements, implied easements do not need to be written into property deeds or registered with the Land Registry.
• Legally enforceable: Even though they are not documented, implied easements can be enforced by law if they meet the necessary legal criteria.
• Essential for property access: Often established when access, drainage, or utilities are crucial for the enjoyment of a property.
• Created through long-term use: No formal agreement is needed - the right is established simply by consistent, unchallenged use over 20 years.
• Cannot be revoked easily: Once an easement is established, the landowner cannot simply remove or block it.
• Can be registered for legal protection: A prescriptive easement can be added to the Land Registry, making it an official part of the property’s legal rights.
• Applies even if land ownership changes: If a prescriptive easement is recognised, it remains in place even if the land is sold to a new owner.

Practical guidance

• Source: What are the three types of easements?

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