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If you need professional legal advice regarding the nature of easements, please contact Myerson Solicitor's Property Litigation lawyers on:
Easements are a key consideration for landowners and developers, as a failure to consider their implications properly may severely inhibit a development scheme.
Our blog identifies common easements, how they are created, and common forms of disputes arising from easements.
The first blog in our two-part property litigation series will discuss what an easement is, how they can benefit a piece of land, and how they are created.
An easement is a right which benefits a piece of land, otherwise known as the dominant land.
This right is enjoyed over another piece of land owned by someone else - this is known as the servient land.
An easement normally allows the dominant land owner to do something on servient land, such as travel or run services over it.
This is known as a positive easement.
Examples of positive easements are:
On the other hand, an easement can be negative when the dominant land owner has the right to limit what the servient owner may do on the land.
An example of a negative easement is where the servient owner is not permitted to construct buildings that would interfere with someone’s right to light.
Further examples of negative easements are:
An easement can be created in many different ways, and we will discuss these methods below.
In our second blog, we will look at who is bound by an easement and how easements can be interfered with or used excessively.
If you need professional legal advice regarding the nature of easements, please contact Myerson Solicitor's Property Litigation lawyers on: