Is there an easement on my property?
It isn’t the first question that most people ask themselves before buying a property, nor is it the first thing that comes to mind if you are having issues with a neighbour who is using your land. But it is a question that should be asked. So, how do you find out if there is an easement on your property?
How to find out if anyone has an easement?
So, how do you find out if an easement exists? You can, in theory, find this out yourself by searching the land registry. But as there are several different types of easement, (not all which which may be held by the land registry), the best way to find out for certain is through a solicitor. They will check all access and rights of way that may be attached to a particular property. It is really important to do this as you don’t want to be surprised by a right of way further down the line.
Does a survey show easements?
If you are buying property or purchasing land then a survey will detect whether there are any easements associated with the property and land.
Does my property have an easement?
If you are a land owner and someone is using your land you may wish to instruct a surveyor to find out if there is in fact an easement in place. This will give you details of the exact terms of any easement.
Some other things to think about in relation to easement
If someone is using part of your property for access to their property, (a conjoining path for instance), and you don’t mind them using the path but do not want them to have the legal right to do so, the simplest way around it is to grant them written permission. This would grant permission to the current owners to use your property in this way, but would not grant permission to any future owner to do the same.
For peace of mind, and detailed advice, the best thing to do is speak to Kaiser solicitors. N
