The Extent to Which Additional Land Can Benefit From an Easement

Partner Katja Wigham, in our Commercial Property team, advises on the extent to which additional land can benefit from an easement.

The law on easements is complex.

Examples of easements can include rights of way or rights to services.

An easement must meet various criteria, but essentially there must be two parcels of land, the right must be for the benefit of one piece of the land over another and both parcels of land must be in separate ownership.

There are various ways in which easements can be terminated. They can be terminated by an express release, by an implied release such as abandonment over time or if both pieces of land were to come into common ownership. This this goes beyond the scope of this article.

Generally speaking, an easement cannot also benefit land other than that specifically benefitting from the easement. But as is often the case, it is not quite that straightforward.

In the recent interesting case of Gore v Naheed and another [2017] EWCA Civ 369 which involved the obstruction of a private right of way, it was argued by the party causing the obstruction that the benefit of the easement did not apply to the garage to which access was being obstructed. The Court of Appeal upheld the County Court’s decision that an easement can extend to property which is used ancillary to the land having the benefit from the easement (in that particular case the garage). This seems to be the case even though the garage did not have the benefit of the easement. The owner was entitled to rely on the fact it is used ancillary to the use of the land benefitting from the easement.

Each scenario is different and should be considered on the facts and on a case by case basis.

For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.