Selling a Property with an Easement Across It
How an easement across your land affects the sale, what buyers need to know, and how to handle common easement issues.
What you need to know
If someone has a legal right to use part of your land — a shared driveway, a drainage route, a utility cable path — your property is burdened by an easement. This is common and usually manageable, but it does attract scrutiny during conveyancing. This guide explains your obligations as the servient owner, how to present the easement to buyers, and what to do if there are complications.
- An easement across your land (servient tenement) does not prevent you from selling — thousands of burdened properties sell each year without difficulty.
- You must disclose all easements on Section 5 of the TA6 form and be ready for the buyer's solicitor to raise detailed enquiries about scope and maintenance.
- Most standard easements (shared drains, utility access, rear paths) have minimal impact on value and rarely deter buyers.
- You cannot obstruct an easement or build over it without the dominant owner's consent — buyers will want to understand any restrictions on development.
- Easements can be varied or removed by agreement, by application to the Upper Tribunal under s.84 LPA 1925, or (rarely) by proof of abandonment.
Pine handles the legal prep so you don't have to.
Check your sale readinessAn easement across your land means that someone else — typically the owner of a neighbouring property — has a legal right to use part of your land for a specific purpose. Your property is the servient tenement (the land burdened by the right), while the property that benefits from the easement is the dominant tenement. This is one of the most common features of property ownership in England and Wales, and it is something that buyers and their solicitors will examine carefully before proceeding with a purchase.
This guide is specifically about selling a property that is burdened by an easement — where someone else has a right over your land. For a broader overview of how easements and rights of way work in the context of property sales, see our companion guide on rights of way and easements when selling.
Common types of easement across residential land
The following are the most frequent easements you will encounter as a servient landowner selling a residential property:
| Type | What it involves | How it typically arises |
|---|---|---|
| Shared driveway | A neighbour has the right to drive or walk across part of your driveway to reach their property | Granted expressly in the transfer deed when the properties were originally divided |
| Rear access path | A neighbouring property has a right of way on foot along a path at the side or rear of your garden | Express grant or, in older properties, prescriptive right through long use |
| Drainage pipes | Pipes from a neighbouring property run beneath your land, carrying foul or surface water to the main sewer | Statutory rights under the Water Industry Act 1991, or express easement in the deeds |
| Utility cables and pipes | Electricity, gas, water, or telecoms infrastructure crosses your land, with the utility company retaining access rights | Wayleave agreement or statutory easement under the relevant utility legislation |
| Right of light | An adjoining property has acquired the right to receive natural light through defined windows, restricting what you can build | Typically prescriptive — acquired through 20 years of uninterrupted enjoyment under the Prescription Act 1832 |
How an easement affects what you can do with your property
As the servient landowner, you retain full ownership of the land subject to the easement. However, your use of that land is restricted in important ways:
- No obstruction. You cannot block, fence off, or otherwise prevent the dominant owner from exercising their right. Placing a locked gate across a right of way, for example, constitutes actionable interference.
- No building over the easement route. Constructing anything on or over the easement area — an extension, a shed, a raised patio — risks interfering with the right. Even if the structure would not physically prevent use, it may still amount to a substantial interference in law.
- No interference with underground services. If drainage pipes or utility cables cross your land under an easement, you cannot do anything that would damage, obstruct, or prevent access for maintenance.
- Maintenance obligations. As a general rule, the servient owner is not obliged to maintain the easement route or infrastructure — that burden usually falls on the dominant owner. However, the specific terms of the deed should be checked, as some easements impose maintenance obligations on the servient land.
Buyers and their solicitors will want to understand these restrictions clearly. If you have been living with the easement for years and it has caused no practical issues, this is important context to share — it reassures buyers that the easement is manageable in day-to-day life.
Impact on property value
The effect of an easement on value is not uniform — it depends on the type of easement, its visibility, and the extent to which it restricts the property's use.
Easements with minimal impact
The majority of residential easements fall into this category:
- Drainage pipes running beneath a garden
- Utility wayleaves for electricity or telecoms cables
- Rights of support in semi-detached and terraced houses
- Rear access paths used infrequently by a single neighbour
These easements are so common that most buyers and lenders will not consider them a material concern. They appear routinely on title registers and are accepted as a normal feature of property ownership.
Easements with moderate to significant impact
Some easements do affect value, particularly where they:
- Restrict development potential — for example, a right of way that prevents an extension or a right of light that limits building height
- Affect the enjoyment of the property — a shared driveway with heavy traffic, or a public footpath crossing a private garden
- Create ongoing maintenance issues — a drainage easement where the dominant owner's pipes are ageing and may need repair
- Are disputed — any easement where the scope, route, or legitimacy is in question
RICS guidance notes that the valuation impact of an easement should reflect the practical restriction it imposes on the property's use and marketability. If the easement genuinely limits what a buyer can do with the property, expect some buyers to factor this into their offer.
What buyers worry about
Understanding what concerns buyers is the key to handling easement questions effectively. The most common worries are:
- Can I extend or develop the property? Buyers with renovation plans will want to know whether the easement restricts building work.
- Will strangers be crossing my land? A right of way can sound alarming to a buyer who imagines constant foot traffic, even if the reality is that a single neighbour uses the path once a week.
- Is the easement being misused? Buyers want assurance that the dominant owner is exercising their right within its proper scope.
- Could the easement get worse? Some buyers worry that the scope of the easement could expand over time, for example, if a pedestrian right of way starts being used for vehicle access.
- Will my lender accept it? Mortgage lenders generally accept standard easements, but some may raise queries about unusual or extensive rights that affect the security of their loan.
How to present the easement positively
If you have been living with the easement and it has not caused problems, say so clearly. Honest, practical information is the most effective way to reassure a buyer. Here is how to approach it:
- Be upfront from the start. Mention the easement in your TA6 answers and make sure your solicitor includes all relevant documentation in the draft contract pack. Surprises discovered during conveyancing are far more damaging than information provided from the outset.
- Explain the practical reality. If the easement is a shared driveway used by one neighbour twice a day, say that. If the drainage pipe was installed 30 years ago and has never caused an issue, say that too. Context turns an abstract legal right into a manageable practical arrangement.
- Provide documentation. Supply copies of the relevant deed or transfer that created the easement, along with any maintenance records or correspondence about the easement. The more information the buyer's solicitor has from the start, the fewer enquiries they need to raise.
- Address restrictions honestly. If the easement does restrict what can be built on the property, do not try to minimise it. Buyers will discover the truth during conveyancing. Instead, frame the restriction clearly and factually — the buyer can then make an informed decision.
Legal obligations as the servient owner
Your legal position as the servient owner is governed by the terms of the deed that created the easement, supplemented by common law principles. The key obligations are:
- Do not interfere with the easement. This is the core obligation. Any action that prevents or substantially hinders the dominant owner from exercising their right is actionable — they can seek an injunction and damages.
- Allow reasonable access for maintenance. If the dominant owner needs to access your land to repair drainage pipes or maintain an access path, you must allow reasonable access for that purpose. The deed may specify the terms under which access is permitted.
- Do not alter the easement route without consent. You cannot move a right of way to a different part of your land without the agreement of the dominant owner. Even if you believe the new route would be more convenient for both parties, a unilateral change constitutes interference.
- Disclose the easement when selling. Section 5 of the TA6 requires you to declare all rights affecting the property. Failing to disclose a known easement can result in a claim under the Misrepresentation Act 1967.
What if the easement is being misused?
If the dominant owner is using the easement beyond its defined scope, you have the right to take action. Common examples of misuse include:
- Using a pedestrian right of way for heavy vehicle access
- Parking on a right of way that is intended only for passage
- Running commercial operations over an easement granted for domestic use
- Allowing third parties to use the easement when it was granted to a specific property owner only
The first step is always to raise the issue directly with the dominant owner. Many misuse situations arise from misunderstanding rather than deliberate overreach. If direct communication does not resolve the issue, instruct your solicitor to write formally, setting out the terms of the easement and the nature of the excessive use. In serious or persistent cases, you can apply to the court for an injunction to restrain the misuse.
If you are selling while a dispute about misuse is ongoing, you must disclose it on the TA6 form. The buyer's solicitor will raise enquiries about the dispute, and it may affect the buyer's willingness to proceed. Resolving the issue before listing, if possible, is strongly advisable. For more on handling disputes that arise during a sale, see our guide on boundary disputes when selling.
Can easements be removed or varied?
Removing or changing an easement is possible but not straightforward. There are three main routes:
1. Express release by agreement
The simplest route is for the dominant owner to agree to release the easement, recorded in a formal deed of release. This requires the consent of both the dominant owner and any mortgage lender with an interest in the dominant property. The release is then registered at HM Land Registry. In practice, the dominant owner may seek compensation for giving up their right, particularly if the easement is valuable to them (for example, their only means of access).
2. Application to the Upper Tribunal
Under section 84 of the Law of Property Act 1925, you can apply to the Upper Tribunal (Lands Chamber) to have an easement modified or discharged. The Tribunal can grant the application if it is satisfied that the easement:
- Is obsolete — the purpose for which it was created no longer applies
- Impedes a reasonable use of the land and provides no practical benefit of substantial value to the dominant owner
- Can be modified or discharged without causing injury to the persons entitled to the benefit
This process can be lengthy and expensive, but it is a recognised route where the dominant owner will not agree to a voluntary release. The Tribunal may order compensation to be paid to the dominant owner.
3. Abandonment
In theory, an easement can be extinguished if it has been abandoned. However, the courts apply a very high standard — mere non-use, even for many decades, is not sufficient to prove abandonment. The dominant owner must have demonstrated a clear and unequivocal intention to give up the right. In Benn v Hardinge (1992), the Court of Appeal held that 175 years of non-use was not enough to establish abandonment where there was no positive act indicating an intention to give up the right. In practice, relying on abandonment is extremely difficult and should not be treated as a realistic option for most sellers.
Restrictive covenants vs easements
Sellers sometimes confuse easements with restrictive covenants. While both are burdens on the title, they work differently:
- An easement grants a positive right — the dominant owner can do something on your land (cross it, run pipes through it, receive light from it).
- A restrictive covenant imposes a negative obligation — you are prevented from doing something on your own land (such as building above a certain height or using the property for commercial purposes).
Both appear in the Charges Register of the title and both attract attention during conveyancing. The key practical difference for sellers is that easements involve third-party use of your land, while restrictive covenants restrict your own use. The buyer's solicitor will review both categories carefully.
What the buyer's solicitor will ask
When the buyer's solicitor reviews your title and TA6 responses, they will typically raise enquiries on the following points if an easement burdens your property:
| Enquiry | What they want to know |
|---|---|
| Scope and terms | Exact wording of the easement, including what activities it permits and any conditions or limitations |
| Current use | How frequently the easement is exercised, by whom, and whether the use matches the terms of the grant |
| Disputes or complaints | Whether there have been any disagreements about the easement, its scope, or its use — current or historical |
| Maintenance and repair | Who is responsible for maintaining the easement route or infrastructure, and who pays |
| Development restrictions | Whether the easement would prevent or restrict any building work on the property |
Having clear, pre-prepared answers to these questions — ideally included in your contract pack from the outset — significantly reduces the number of follow-up enquiries and keeps the sale moving. For guidance on handling the TA6 Section 5 disclosure, see our guide on TA6 Section 5: rights and informal arrangements.
Practical steps for sellers
If your property has an easement across it, the following steps will help you prepare for a smooth sale:
- Order your title register and title plan. Available from HM Land Registry for £3 each. Review the Charges Register for any entries relating to easements.
- Obtain a copy of the deed creating the easement. If the Charges Register references a specific transfer or deed, order a copy from the Land Registry (currently £7). The wording of the deed defines the scope and conditions of the easement.
- Note the practical reality. Write down how often the easement is used, by whom, and whether it has caused any issues. This information will be invaluable when answering the TA6 and responding to enquiries.
- Complete the TA6 Section 5 in full. Disclose the easement, describe its practical impact, and attach copies of relevant documentation. Being thorough here reduces follow-up enquiries.
- Address any disputes or misuse before listing. If the dominant owner is exceeding the scope of the easement, or if there is any disagreement about its terms, resolve the issue before marketing your property if at all possible.
- Brief your solicitor early. Make sure your conveyancer has all the relevant documents and understands the easement from the start. They can then include everything in the draft contract pack, presenting a professional and complete picture to the buyer's side.
- Consider the buyer's perspective. Think about what questions a reasonable buyer would ask, and prepare clear, honest answers. If the easement has not caused you any practical problems during your ownership, say so — this is genuinely reassuring to buyers.
Preparing early with Pine
Easements are predictable conveyancing issues — if your title shows one, the buyer's solicitor will ask about it. The question is not whether the enquiries will come, but whether you are ready for them when they do.
Pine helps sellers prepare their legal pack before listing, including completing the TA6 Property Information Form with full disclosure of easements and rights affecting the property. By gathering your title documents, reviewing the easement terms, and preparing clear answers to the enquiries you know are coming, you put yourself in the strongest possible position when a buyer's solicitor starts their review.
Combined with upfront property searches and a completed TA10 fittings form, a well-prepared legal pack means your conveyancing can begin in earnest the moment an offer is accepted — keeping buyers confident and reducing the risk of delays or withdrawal.
Sources
- Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
- Law of Property Act 1925, Section 84 (Power to discharge or modify restrictive covenants and easements) — legislation.gov.uk
- Land Registration Act 2002, Schedule 3, paragraph 3 (Overriding interests: easements) — legislation.gov.uk
- Prescription Act 1832 — legislation.gov.uk
- HM Land Registry — Practice Guide 62: Easements — gov.uk/government/publications/easements
- Water Industry Act 1991 (statutory drainage rights) — legislation.gov.uk
- Benn v Hardinge (1992) 66 P&CR 246 — abandonment of easements
- RICS — Valuation of Land and Property: Rights of Way and Easements, 2023 — rics.org
- Misrepresentation Act 1967 — legislation.gov.uk
- Upper Tribunal (Lands Chamber) — Practice Directions for applications under s.84 LPA 1925 — judiciary.uk
Frequently asked questions
What does it mean if my property is the servient tenement?
If your property is the servient tenement, it means someone else has a legal right to use part of your land for a specific purpose — such as a right of way, drainage, or running utility cables. You still own the land, but you cannot do anything that would obstruct or interfere with the easement. The property that benefits from the easement is called the dominant tenement. This terminology comes from the Law of Property Act 1925 and is used throughout conveyancing in England and Wales.
Can I sell my house if there is an easement across the garden?
Yes. Having an easement across your property does not prevent you from selling. Thousands of properties in England and Wales are sold each year with easements burdening them. The key is to disclose the easement fully on the TA6 Property Information Form, provide clear information about its scope and practical impact, and be prepared for the buyer's solicitor to raise enquiries about it. Most standard easements — shared drainage, utility access, rear access paths — are so common that they cause no difficulty at all.
Will an easement across my property reduce its value?
The impact depends on the type and extent of the easement. A drainage pipe running beneath your garden or a utility wayleave will typically have negligible effect on value. A right of way that allows vehicles to cross your front garden or restricts where you can build may have a more noticeable impact. RICS valuers consider the practical effect on the property's use and enjoyment when assessing value. If the easement does not meaningfully restrict what a buyer can do with the property, it is unlikely to reduce offers.
What are my obligations as the servient landowner?
As the servient landowner, your primary obligation is not to obstruct or interfere with the easement. You cannot build over a right of way, block a drainage route, or do anything that would prevent the dominant owner from exercising their right. You are generally not required to maintain the easement — that obligation usually falls to the dominant owner — unless the deed creating the easement specifically says otherwise. You must also disclose the easement when selling the property.
Can I build an extension if there is an easement across my land?
It depends on whether the proposed extension would interfere with the easement. If the easement is a right of way and your extension would not obstruct the route, you may be able to proceed. If the extension would block or encroach upon the easement route, you would need the consent of the dominant owner (and their mortgage lender, if applicable) before building. Building over a drainage easement is particularly problematic because it can prevent access for maintenance. Always check the exact wording of the easement in the deed and take legal advice before planning work near an easement route.
Can an easement be removed from my property?
Easements can be removed, but it is not straightforward. The main routes are: express release by deed (where the dominant owner voluntarily gives up the right), an application to the Upper Tribunal (Lands Chamber) under section 84 of the Law of Property Act 1925, or proof of abandonment — though courts set a very high bar for abandonment, and mere non-use for many years is not sufficient on its own. In practice, the most realistic option for most sellers is to negotiate a release with the dominant owner, potentially in exchange for compensation.
What should I do if someone is misusing the easement over my land?
If the holder of an easement is exceeding its scope — for example, using a pedestrian right of way for heavy vehicle access, or parking on a route intended only for passage — you have the right to challenge the excessive use. Start by raising the issue directly with the person. If that does not resolve it, instruct a solicitor to write formally. In serious cases, you can seek an injunction from the court to restrain the misuse. Any ongoing dispute about easement use must be disclosed on the TA6 form when selling.
How do I find out the exact terms of the easement?
The terms of a registered easement are set out in the deed or transfer that created it. The Charges Register of your title at HM Land Registry will reference the relevant document, and you can order a copy from the Land Registry for a small fee (currently 7 pounds for a copy of a filed deed). If the easement predates registration, you may need to check the original conveyance or deed held by your solicitor or in your property deeds. The wording of the deed determines the scope, route, and conditions of the easement.
What happens to the easement when I sell?
Easements run with the land, not with the owner. When you sell your property, the easement continues to burden it — the buyer takes the property subject to the existing easement. Similarly, if your property benefits from an easement over a neighbour's land, the buyer inherits that benefit. Easements do not need to be re-granted on each sale. The buyer's solicitor will confirm the existence and terms of all easements as part of their pre-contract review.
Can I refuse access to someone exercising an easement?
No. If a valid easement exists, the dominant owner has a legal right to use your land for the purpose specified in the easement. Refusing access or deliberately obstructing the route constitutes interference with the easement and can result in a court order compelling you to allow access, plus an award of damages. If you believe the easement is being misused beyond its defined scope, the correct approach is to seek legal advice rather than blocking access unilaterally.
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