Renters' Rights Act 2025, Phase 1 commencement
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England

England and Wales · Easement: Right Attached to Dominant Tenement; Runs with Land; Transfers Automatically on Sale · Types: Right of Way; Drainage; Support; Rights of Light · Creation: Express Grant (Register at HMLR Post-13 Oct 2003); Implied (Necessity; Common Intention; LPA 1925 s.62; Wheeldon v Burrows); Prescription (20-Year Use as of Right) · Discover via Official Copies: Property Register (Benefits); Charges Register (Burdens) · Disputes: County Court or Upper Tribunal (Lands Chamber) — NOT First-tier Tribunal

Landlord Right of Way and Easement Guide 2026 — Easement Types, Creation Methods, BTL Impact and Dispute Resolution

Landlord right of way and easement guide 2026: easement: right appurtenant to dominant tenement; servient tenement bears burden; runs with land automatically on transfer; requires: dominant and servient tenement; different owners; benefit runs with dominant land; capable of forming subject matter of grant; types: right of way (footpath; vehicular; emergency); right of drainage/services (water; sewage; gas; electricity); right of support (buildings; land); rights of light (Prescription Act 1832; 20-year unobstructed use through defined aperture); creation: express grant (deed; register at HMLR after 13 October 2003 for legal easement — unregistered express grants equitable only); express reservation; implied — necessity (no other access); common intention; LPA 1925 s.62 (rights previously enjoyed convert to easements on conveyance of part); Wheeldon v Burrows (1879) (continuous and apparent use at time of grant); prescription (20-year use as of right — nec vi nec clam nec precario; Prescription Act 1832); BTL impact: tenants use beneficial easements; tenants observe servitude burdens; discovering easements: Official Copies title register (Property Register — benefits; Charges Register — burdens); conveyance documents; physical inspection; disputes: county court (injunction; damages; declaration) or Upper Tribunal (Lands Chamber) — NOT First-tier Tribunal; Party Wall Act 1996 does NOT determine easement ownership; Scotland: Title Conditions (Scotland) Act 2003; NI: Property (NI) Order 1997.

11 min readUpdated 7 June 2026Last reviewed: 17 May 2026landlord right of way easement UK 2026property easement BTL landlordright of way property dispute landlordimplied easement landlord property

Easement types and creation — express, implied and prescriptive

Easement: right appurtenant to dominant tenement; servient tenement bears burden; runs with land automatically on transfer; requires dominant and servient tenement in different ownership; benefit runs with dominant land; capable of being subject matter of a grant. Types: (1) right of way — footpath; vehicular access; emergency only; (2) right of drainage and services — water pipes; sewage; gas; electricity cables; (3) right of support — adjoining buildings or land providing structural support; (4) rights of light — Prescription Act 1832; 20-year unobstructed access of daylight through defined aperture creates legal right. Creation: (a) express grant — deed; register at HMLR after 13 October 2003 for legal easement; (b) express reservation — grantor reserves right over land transferred; (c) implied — necessity (landlocked property; no other access); common intention of parties; LPA 1925 s.62 (rights previously enjoyed by predecessor convert to easements on conveyance of part); Wheeldon v Burrows (1879) — quasi-easements continuous and apparent at time of grant; (d) prescription — 20-year use as of right (nec vi nec clam nec precario — not by force; not secretly; not by permission); Prescription Act 1832.

  • Express grant: must be registered at HMLR post-13 October 2003 to have legal effect — unregistered express easement is equitable only (binds successors who know of it; may not bind registered proprietor without notice)
  • LPA 1925 s.62: where part of land sold and seller previously exercised rights over retained land — those rights may automatically become easements appurtenant to the transferred part on conveyance; consider carefully when selling part
  • Prescription (Prescription Act 1832): 20-year open use as of right and without interruption. Nec vi nec clam nec precario: permissive use (use with landowner's consent) does not create prescriptive easement
  • Rights of light: obstruction defence — physical obstruction or registration of light obstruction notice under Rights of Light Act 1959 within 12 months of first use interrupts prescriptive period

BTL impact, discovering easements, dispute resolution and Scottish position

BTL impact: (1) beneficial easements — tenants use rights of way; drainage; services appurtenant to the let property; landlord must ensure access route legally secure before letting; (2) servitude burdens — tenants must observe servient burdens (maintenance obligations; not obstructing neighbouring access); identify known easement obligations in tenancy agreement; (3) legal status risk — where title depends on unregistered prescriptive right; disruption during tenancy requires urgent legal advice on enforcement. Discovering easements: Official Copies of title register (order from HMLR — Property Register: benefits; Charges Register: burdens and encumbrances); pre-1925 conveyance documents; physical inspection. Disputes: county court (injunction to prevent obstruction; damages for past interference; declaration of right) or Upper Tribunal (Lands Chamber) for valuation disputes; NOT First-tier Tribunal Property Chamber; Party Wall Act 1996 does not determine easement ownership.

  • Official Copies: Property Register (benefits — easements over neighbouring land appurtenant to property); Charges Register (burdens — easements over your property in favour of neighbouring land); order from GOV.UK HMLR portal £7 per register
  • Scotland: Title Conditions (Scotland) Act 2003 — servitudes (Scots equivalent of easements); creation by express grant; implied; prescription; registered at Land Register of Scotland for legal effect; real burdens (equivalent of restrictive covenants) also governed by TC(S)A 2003
  • NI: Property (NI) Order 1997 and Land Registration Act (NI) 1970; easements registered at Land Registry NI; prescriptive easements exist under equivalent principles
  • Access to Neighbouring Land Act 1992 (England and Wales): where access over neighbouring land needed to carry out works — landlord can apply to county court for access order even without established easement (temporary right; court determines terms and compensation)

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