An easement is a legal right to use someone else’s land for a specific purpose without owning it. Easements are common in real estate law across the US, UK, Canada, and Australia. They allow third parties to access, cross, or use land when it is necessary for transportation, utility services, or public benefit.

Unlike ownership, an easement does not transfer property rights — the landowner still retains ownership and use, but with a legal obligation to respect the easement.

Key takeaways:

  • An easement is the legal right to use land without owning it.
  • Easements can be private, public, utility-based, or established through long-term use.
  • In the US, UK, Canada, and Australia, easements are a core part of real estate law.
  • Buyers and investors must check easement records before purchasing property.
  • Courts balance necessity, proportionality, and reasonable use when resolving disputes.

Contents:

  1. Types of Easements
  2. Easements: US vs. UK Practice
  3. How Easements Affect Property Owners
  4. Court Practice: When Are Easements Granted or Denied?
  5. Easement Disputes
  6. Easements and Real Estate Investment

Types of Easements

Type

Description

Typical examples

Private easement

An agreement between landowners or created by long-term use.

Driveway access, private path.

Public easement

Granted for the benefit of the community or public infrastructure.

Roads, sidewalks, parks.

Utility easement

Right for companies to install and maintain utilities.

Power lines, water pipes, gas networks.

Right of way

Allows passage through another person’s property.

Access to landlocked property.

Prescriptive easement

Created by continuous, open, and notorious use over a statutory period (e.g., 20 years in many US states).

Unofficial path across land becomes legal after years of use.

Easements: US vs. UK Practice

United States: easements are recorded in county records. Courts may establish easements by necessity if land access is otherwise impossible. Compensation may be required when easements significantly reduce land value.

United Kingdom: easements are registered with the Land Registry. Common types include rights of way and rights to light. Disputes often arise when development projects block existing easements.

Canada & Australia: legal frameworks are similar to the UK, with additional emphasis on public access and indigenous land rights in some jurisdictions.

How Easements Affect Property Owners

The influence is characterized in such a way:

  1. Use restrictions: landowners cannot block or interfere with an easement.
  2. Compensation: some easements (e. g., compulsory acquisition for utilities) require fair compensation.
  3. Property value: easements may decrease value (limited development rights) or increase it (guaranteed access).
  4. Due diligence: buyers must check property records for easements before purchase to avoid legal conflicts.

Court Practice: When Are Easements Granted or Denied?

Courts in common law countries apply three main tests:

  1. Necessity: easement is granted only if there is no reasonable alternative (e. g., landlocked property).
  2. Proportionality: the easement must impose the least possible burden on the landowner.
  3. Reasonable use: easements cannot completely prevent the owner from using the land for its lawful purpose.

Easement Disputes

Typical disputes include:

  • Blocked or fenced driveways.
  • Unauthorized extension of easement use (e. g., more traffic than agreed).
  • Conflicts between private easements and development projects.
  • Utility companies exceeding their rights.

Resolution methods: negotiation, mediation, or court ruling.

Easements and Real Estate Investment

For investors and developers, easements are a critical due diligence point. Before purchasing land:

  • Review title deeds and county records (US) or Land Registry (UK).
  • Check for existing rights of way or utility easements.
  • Assess how easements affect land value and development potential.

Easements can both reduce flexibility (restrictions on construction) and increase value (guaranteed access or utility connections).