Rights of Way and Easements: What Buyers Will Ask
What rights of way and easements mean for your property sale, how they appear on the title, and what buyers and solicitors check.
What you need to know
Easements and rights of way are legal rights that allow someone to use part of your land for a specific purpose. They are one of the first things a buyer's solicitor checks when reviewing your title. Understanding what easements affect your property, how they appear on the register, and what you need to disclose helps you answer enquiries confidently and avoid delays.
- Easements grant specific rights over your land (access, drainage, light, services) and are usually permanent features of the title.
- Registered easements appear in the Charges Register of your title — the buyer's solicitor will review these as part of standard conveyancing.
- You must disclose all known easements and rights on Section 5 of the TA6 Property Information Form, including informal arrangements.
- Public rights of way are recorded on the local authority's definitive map and cannot be blocked without a legal diversion order.
- Most standard easements (shared drains, utility runs, party wall support) have minimal impact on value and rarely concern buyers.
Pine handles the legal prep so you don't have to.
Check your sale readinessIf you are selling a property in England or Wales, there is a good chance that easements or rights of way form part of the legal picture. They are extremely common — shared drainage pipes, access paths, utility cables running beneath gardens, and rights of light over neighbouring land all count. Most are entirely routine, but they do attract attention during conveyancing because a buyer's solicitor must understand exactly what rights exist before advising their client to proceed.
This guide explains what easements and rights of way are, how they appear on the title register and title plan, what types exist, and what sellers need to do to make sure they do not cause problems during the sale. It is written from the seller's perspective and covers the law in England and Wales, including the Land Registration Act 2002, the Law of Property Act 1925, and the Prescription Act 1832.
What is an easement?
An easement is a legal right that allows the owner of one piece of land (the dominant tenement) to use part of another person's land (the servient tenement) for a specific purpose. Easements do not give ownership of the land — they give a limited right of use.
For an easement to exist in law, four conditions must be satisfied (established in Re Ellenborough Park [1956]):
- There must be a dominant tenement and a servient tenement.
- The easement must benefit the dominant tenement (not just the owner personally).
- The dominant and servient tenements must be owned by different people.
- The right must be capable of forming the subject matter of a grant — it must be sufficiently defined.
Common types of easement
Easements take many forms. The following are the types you are most likely to encounter when selling a residential property:
| Type of easement | What it means | How common |
|---|---|---|
| Right of way (access) | Someone has the right to pass over your land, typically on foot or by vehicle, to reach their own property | Very common, especially on shared driveways and rear access paths |
| Drainage easement | Pipes or drains from a neighbouring property run beneath your land, and the neighbour has the right to maintain them | Very common in any area with shared drainage infrastructure |
| Right of light | A neighbouring property has acquired the right to receive natural light through defined windows, preventing you from building anything that would block it | Common in urban areas with closely spaced buildings |
| Right of support | Your property provides structural support to an adjoining building — common with terraced and semi-detached houses where a shared wall exists | Common in terraced and semi-detached properties |
| Utility easement (wayleave) | Electricity cables, gas pipes, water mains, or telecoms infrastructure cross your land, with the utility company retaining the right to access and maintain them | Very common, particularly in older developments |
| Right to park | A neighbouring property has the right to park on a specific area of your land | Less common but found in some shared parking arrangements |
How easements are created
Understanding how an easement was created matters because it determines how it is evidenced and whether it will appear on the title register.
Express easements
An express easement is one that has been deliberately granted by deed, most commonly when a larger piece of land is divided and sold off in parcels. For example, if a farmer sells a field for development but retains the adjacent field, the transfer deed will typically reserve a right of way over the new development to reach the retained land. Express easements created after the land was first registered at HM Land Registry will appear on the title register. For a detailed look at how Section 5 of the TA6 deals with these rights, see our guide on TA6 Section 5: rights and informal arrangements.
Implied easements
An implied easement is one that was not expressly written into a deed but arises by operation of law. The most common example is under section 62 of the Law of Property Act 1925, which automatically converts certain existing permissions and arrangements into full legal easements when land is transferred. For instance, if a landlord allows a tenant to use a path across adjoining land, and the tenant then buys the property, that informal permission may crystallise into a legal easement on conveyance.
Prescriptive easements
A prescriptive easement arises through long, continuous, and open use of land without the owner's permission. Under the Prescription Act 1832, a right claimed through 20 years of uninterrupted use is presumed to be an easement unless it can be shown that the use was with permission. Prescriptive easements are not always recorded on the title register, making them harder to verify. A common example is a neighbour who has used a path across your garden for decades — they may have acquired a legal right of way even though no deed was ever signed.
How easements appear on the title register and title plan
When a buyer's solicitor orders official copies of your title from HM Land Registry, easements will appear in two places:
- The Property Register (Section A) — lists easements that benefit your property. For example, if you have a right of way over a neighbour's land to reach your garage, it will be listed here.
- The Charges Register (Section C) — lists easements that burden your property. For example, if your neighbour has a right of drainage through your land, it will appear here along with a reference to the deed or transfer that created it.
The title plan may also show easement routes — typically as coloured lines or hatched areas with a corresponding reference in the register entries. However, not all easements have a mapped route on the plan, particularly older ones or those granted by general description (such as "a right of way over the driveway" without a specific plotted line).
Unregistered easements — including some prescriptive easements and rights created before the land was first registered — may not appear on the title at all. This is one of the reasons the buyer's solicitor relies on your answers in the TA6 form, not just the register.
Public vs private rights of way
The distinction between public and private rights of way is important because they are governed by different legal frameworks and affect the property differently.
Public rights of way
A public right of way is a route that the general public has the legal right to use. In England and Wales, public rights of way are recorded on the definitive map and statementmaintained by the local authority. There are four classes:
- Footpath — a right of way on foot only
- Bridleway — on foot, horseback, or bicycle
- Restricted byway — all traffic except mechanically propelled vehicles
- Byway open to all traffic (BOAT) — all traffic, including motor vehicles
Public rights of way cannot be blocked, diverted, or extinguished without a legal order from the local authority or the Secretary of State. If your property has a public right of way crossing it, this will be revealed by the local authority search (CON29R) during conveyancing. Buyers' solicitors will want to know the exact route, the class of right, and whether it materially affects the property's use.
Private rights of way
A private right of way is granted to specific individuals or properties. For example, a neighbour may have the right to walk across your garden to reach the rear of their property. Private rights of way are recorded on the title register or in the original deeds and are only exercisable by the parties named (or, where the right runs with the land, by successive owners of the dominant tenement). Unlike public rights of way, private rights can potentially be varied or released by agreement between the parties.
What the buyer's solicitor will check
Easements are a standard part of the buyer's solicitor's review. Here is what they typically examine and why:
- Official copies of the title register — to identify all registered easements, both those benefiting and those burdening your property.
- The title plan — to check whether easement routes are marked and whether they correspond to the physical layout of the property.
- The TA6 form (Section 5) — your answers about rights, easements, and informal arrangements. The solicitor will cross-check these against the register and raise enquiries on any discrepancies.
- Local authority search (CON29R) — to identify any public rights of way crossing or adjacent to the property.
- Pre-contract enquiries — the solicitor may raise specific questions about the scope, frequency of use, and practical impact of any easements, particularly if they affect the property's use or development potential.
If your property has easements burdening it, expect the buyer's solicitor to raise additional enquiries about their scope and practical effect. Being prepared with clear, honest answers speeds up this process considerably.
How easements affect property value
The impact of an easement on your property's value depends on what it allows and how it restricts your use of the land. Most easements have little or no impact:
- Minimal impact: shared drainage pipes running beneath a garden, utility wayleaves, rights of support in terraced housing, standard access easements to neighbouring garages.
- Moderate impact: a right of way crossing a garden or driveway that limits how the space can be used, a right of light that restricts what can be built on part of the plot.
- Significant impact: a public footpath crossing the curtilage, a right of way that allows vehicle access across a patio or lawn, an easement that prevents a planned extension or development.
RICS guidance notes that valuers should consider the practical impact of easements on the property's use and enjoyment when assessing value. If an easement materially restricts what a buyer can do with the property, it will affect the offers received. If you are concerned about how an easement on your property may affect its value, a RICS-qualified surveyor can advise. For properties where an easement physically crosses the land, see our detailed guide on selling a property with an easement across it.
What sellers must disclose on the TA6
Section 5 of the Law Society's TA6 Property Information Form asks specifically about rights and informal arrangements. As a seller, you must disclose:
- Any rights that the property benefits from (for example, a right of way over a neighbour's land).
- Any rights that others have over your property (for example, a neighbour's right to use your driveway).
- Any informal arrangements — for example, you have allowed a neighbour to cross your garden on an informal basis, even if no deed exists.
- Any disputes about the existence, scope, or use of easements, whether current or resolved.
Honesty is essential. Failing to disclose a known easement can lead to a claim for misrepresentation under the Misrepresentation Act 1967. Even informal arrangements should be disclosed, because under section 62 of the Law of Property Act 1925, an informal permission can crystallise into a full legal easement on transfer of the property. Your solicitor needs to know about every arrangement so they can advise on how to handle it in the contract.
Common enquiries about access and easements
Based on standard conveyancing practice, here are the types of questions you should be ready to answer:
| Enquiry topic | What the buyer's solicitor wants to know |
|---|---|
| Scope of the right of way | Is it for pedestrian access only, or does it include vehicles? What hours can it be used? Is it limited to certain people? |
| Maintenance obligations | Who is responsible for maintaining the route or the shared infrastructure (path surface, drainage pipes, cables)? |
| Current use and disputes | Is the easement actively used? Has there been any dispute about its scope, route, or frequency of use? |
| Impact on development | Would the easement prevent or restrict any planned building work, extension, or alteration to the property? |
| Informal arrangements | Are there any permissions or arrangements that are not recorded in the deeds — for example, a neighbour using your driveway to turn their car? |
Having clear, documented answers ready before these enquiries arrive saves weeks. If you are unsure about any aspect of an easement, ask your solicitor to review the relevant deed or title entry and prepare a response in advance. For more on handling the TA6 disclosure, see our guide on completing TA6 Section 5.
Practical steps for sellers
If your property has easements or rights of way — or if you suspect it might — the following steps will help you prepare:
- Order official copies of your title register and title plan. Available from HM Land Registry at gov.uk/search-property-information-service for £3 each. Review the Property Register and Charges Register for any references to easements.
- Check the title plan for marked routes. Look for coloured lines, hatched areas, or annotations that indicate easement routes. Compare these with what exists on the ground.
- Review your original deeds and conveyances. If you have the pre-registration deeds (common with older properties), check for easement grants or reservations that may not have been carried forward to the registered title in full detail.
- Complete the TA6 Section 5 thoroughly. Disclose all known easements, rights, and informal arrangements. Attach copies of relevant deeds where available. If you are unsure about anything, flag it for your solicitor rather than guessing.
- Address any disputes or ambiguities early. If there is uncertainty about the scope of an easement or a disagreement about how it is being used, deal with it before listing. See our guide on boundary disputes when selling for resolution options.
- Brief your solicitor at the outset. Make sure your conveyancer knows about every easement and arrangement from day one. They can then prepare the contract pack with full information, reducing the number of follow-up enquiries from the buyer's side.
Leasehold properties and easements
If you are selling a leasehold flat, the lease itself will typically contain the relevant easements — rights of access through communal areas, rights to use shared gardens, rights of support from neighbouring flats, and rights for the landlord to access the property for maintenance. These are built into the lease rather than appearing as separate entries on the title register. The buyer's solicitor will review the lease in detail, checking that all necessary rights are included and that there are no unusual restrictions.
Leasehold sales also involve the management pack from the freeholder or managing agent, which may contain additional information about shared access arrangements and maintenance responsibilities.
Preparing early with Pine
Easement-related enquiries are entirely predictable. If your title register shows easements, the buyer's solicitor will ask about them. The only variable is when in the process those questions arrive — and whether you are ready to answer them.
Pine helps sellers get ahead by completing the TA6 Property Information Form — including Section 5 on rights and easements — before listing. By reviewing your title documents, identifying all easements, and preparing clear answers on your own timeline, you avoid the delays that arise when a buyer's solicitor sends enquiries and your solicitor has to come back to you for information you have not yet gathered.
Combined with upfront property searches and a completed legal pack, being prepared on easements means your conveyancing can move swiftly once an offer is accepted — keeping buyers confident and reducing the risk of the sale falling through.
Sources
- Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
- Land Registration Act 2002, Part 3 (Dispositions), Schedule 3 (Overriding interests) — legislation.gov.uk
- Law of Property Act 1925, Section 62 (General words implied in conveyances) — legislation.gov.uk
- Prescription Act 1832 — legislation.gov.uk
- HM Land Registry — Practice Guide 62: Easements (land-registry.data.gov.uk)
- HM Land Registry — Practice Guide 52: Public rights of way — gov.uk/government/publications/public-rights-of-way
- RICS — Valuation of Land and Property: Easements, Rights of Way, and Wayleaves, 2023 — rics.org
- Re Ellenborough Park [1956] Ch 131 — requirements for a valid easement
- Misrepresentation Act 1967 — legislation.gov.uk
- Countryside and Rights of Way Act 2000 (public rights of way framework) — legislation.gov.uk
Frequently asked questions
What is the difference between a right of way and an easement?
A right of way is a specific type of easement that grants someone the right to pass over your land. An easement is the broader legal term covering any right that one property owner has over another person's land, including rights of access, drainage, light, support, and the right to run services such as water pipes or cables. All rights of way are easements, but not all easements are rights of way.
Do I have to tell buyers about easements on my property?
Yes. The TA6 Property Information Form (Section 5) specifically asks about rights, easements, and informal arrangements affecting the property. You must disclose any easements you are aware of, whether they benefit your property (dominant) or burden it (servient). Additionally, any easements registered against your title will appear on the official copies that the buyer's solicitor reviews, so concealing a known easement would be both pointless and potentially actionable under the Misrepresentation Act 1967.
Will an easement reduce the value of my property?
It depends on the nature of the easement. Many easements have little or no impact on value — a shared drainage pipe running beneath your garden, for example, is common and rarely concerns buyers. However, a right of way crossing the middle of your property or one that restricts what you can build may reduce interest or the price buyers are willing to pay. RICS guidance suggests that the impact on value depends on the extent to which the easement affects the practical use and enjoyment of the property.
What is the difference between an express and prescriptive easement?
An express easement is one that has been formally granted by deed, typically when land is divided and sold, and will be recorded on the title register at HM Land Registry. A prescriptive easement arises through long use — typically 20 years or more of uninterrupted, open use without permission under the Prescription Act 1832. Prescriptive easements are not always recorded on the title, which can make them harder to verify during conveyancing.
How do I find out what easements affect my property?
Start by ordering official copies of your title register and title plan from HM Land Registry (3 pounds each via the online portal). The title register will list any registered easements in the Property Register (easements benefiting your land) and the Charges Register (easements burdening your land). You should also check any deeds or conveyances from before the land was first registered, as older easements may be referenced in those documents. Your solicitor can carry out a full review as part of the conveyancing process.
Can a buyer pull out because of an easement?
A buyer can withdraw from a purchase at any point before exchange of contracts for any reason, including concerns about easements. In practice, most buyers will not pull out over a standard easement such as a shared drainage right or utility cable route. However, a significant easement — such as a right of way allowing third parties to cross your garden — may cause a buyer to reconsider, particularly if it was not disclosed early in the process. Being upfront about easements from the outset reduces the risk of a late withdrawal.
What is the difference between a public and a private right of way?
A public right of way is a path, track, or road that the general public has the legal right to use. Public rights of way are recorded on the definitive map maintained by the local authority and cannot be blocked or diverted without a legal order. A private right of way is granted to specific individuals or properties — for example, a neighbour's right to cross your driveway to reach their garage. Private rights of way are recorded on the title register or in the property's deeds.
Can an easement be removed from my property?
It is possible but not straightforward. An easement can be removed by express release (the benefiting party agrees to give it up, recorded by deed), by an application to the Upper Tribunal under section 84 of the Law of Property Act 1925, or if the easement has been abandoned — though abandonment is very difficult to prove in practice and mere non-use is not sufficient. For practical purposes, most easements are permanent, and sellers should plan on the basis that existing easements will remain in place.
What happens if someone is misusing an easement on my land?
If the holder of an easement is using it beyond its defined scope — for example, driving heavy goods vehicles along a right of way granted for pedestrian access only — you have the right to challenge the misuse. You should first raise the matter directly with the person concerned, then involve your solicitor if necessary. In serious cases, you can apply to the court for an injunction to restrain the excessive use. Any ongoing dispute about misuse should be disclosed on the TA6 when selling.
Do easements show up on property searches?
Registered easements appear on the official copies of the title register, which the buyer's solicitor obtains from HM Land Registry. Public rights of way will be revealed by the local authority search (CON29R), which asks about public paths and roads near or crossing the property. However, unregistered easements — including some prescriptive easements and very old rights — may not appear on any search result. This is why the buyer's solicitor also relies on the seller's answers in the TA6 form to identify easements that are not on the register.
Related guides
View allCommon Problems
Stamp Duty Calculator
Calculate SDLT, LBTT, or LTT for your next purchase — updated for 2026 rates.