ARTICLE
22 August 2019

Real Estate Tip Of The Week: Has An Easement Lost Its Purpose?

DB
DAC Beachcroft LLP

Contributor

DAC Beachcroft’s purpose is to drive success for clients and colleagues by creating sustainable value. Their vision is to become leading business advisers, recognized for their insights and commitment to clients, while being a desirable workplace for talented individuals. The firm's cultural principles emphasize a supportive, creative, determined, and clear work environment. They prioritize inclusivity, respect, and teamwork, fostering an open, collaborative atmosphere for generating innovative solutions. With a focus on integrity, quality, and transparency, the firm empowers its people to excel and deliver the best outcomes for clients, colleagues, and the broader community.

An easement is a right attached to land allowing one land owner's land (the dominant tenement) rights over another landowner's land (the servient tenement).
United Kingdom Real Estate and Construction

An easement is a right attached to land allowing one land owner's land (the dominant tenement) rights over another landowner's land (the servient tenement).

There are various ways that it can be created and, crucially, many different ways it can come to an end.

An easement can be extinguished where the purpose for which it was created has ceased. For example, in an old case a canal company had the right to take water out of a river for its canal. When the canal was blocked up and became a railway, the Court ruled that the easement was extinguished; despite the fact that having a supply of water would continue to benefit the dominant tenement, the purpose for which it was to take water had ceased and so the easement also ceased to exist.

Therefore where there are easements over your land where there was an express grant, it is worth reading and being aware of the exact wording of the grant to ensure that where the easement is granted using wording that can be interpreted as meaning the easement was granted for a specific purpose, that purpose continues. If not then the easement may have been extinguished.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More