Easements – Don't Let Them Be A Burden!

It is no secret that sought-after areas with development potential in the UK are densely populated and that securing land is increasingly difficult with demand outstripping supply. Many "infill" development sites rely on access or services being provided via land owned by third parties. The need to properly check that the development has both sufficient rights for the proposed use and is not adversely affected by easements is critical.

Whilst the existence of an easement benefiting or burdening land may at first seem benign (as is often the case) it is vital that a site is fully investigated at the earliest given opportunity to ensure the full effect is understood and, in particular, prior to incurring significant cost in terms of funding, planning and commercial negotiations.