Deed of Easement Template for the United Kingdom
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What is a Deed of Easement?
A deed of easement is a formal legal document that grants one landowner a right to use or benefit from part of another person's land, such as a right of way, access, drainage or a right to run services. The land benefiting from the right is the dominant land, while the land burdened by it is the servient land. Because an easement affects an interest in land, it is typically created by deed and registered against the relevant titles. This helps ensure the right is enforceable against future owners of the servient land.
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Frequently Asked Questions
Does an easement have to be created by deed?
An easement intended to take effect as a legal interest generally must be granted by deed and, over registered land, completed by registration. Rights created informally may only be equitable and can be harder to enforce against later owners.
What is the difference between a deed of easement and a licence?
An easement is a proprietary right in land that binds successors once properly created and registered, whereas a licence is usually a personal permission that does not run with the land. A deed of easement is used where a lasting, transferable right is intended.
Do we need to register the easement at HM Land Registry?
For registered land, an expressly granted easement usually needs to be registered against both the dominant and servient titles to take effect as a legal interest. Failing to register can leave the right vulnerable, so registration is strongly advisable.
Can this template be used in Scotland or Northern Ireland?
This template reflects the law of England and Wales, and property law in Scotland and Northern Ireland differs significantly, for example Scotland uses servitudes rather than easements. You should take local advice before using it outside England and Wales.
Is this deed of easement template legal advice?
No, it provides general legal information and a starting point for drafting. Because easements affect land rights and future owners, you should consider taking professional legal advice on your specific circumstances.
About the Deed of Easement
A Deed of Easement usually covers the following.
- Parties and Recitals: Identify the grantor (owner of the servient land) and grantee (owner of the dominant land) and recite ownership and the purpose of the grant.
- Definition of Dominant and Servient Land: Clearly describe both the benefiting and burdened parcels, ideally by reference to title numbers and an attached plan.
- Grant of Easement: Set out the precise right being granted, its nature, extent and route, so the scope of use is unambiguous.
- Rights Reserved and Restrictions: State any limitations on use, exclusions or reservations retained by the grantor over the affected area.
- Maintenance and Repair Obligations: Allocate responsibility for maintaining, repairing and contributing to the cost of the easement route or apparatus.
- Consideration and Payment: Record any premium, ongoing payments or that the grant is made for no monetary consideration.
- Indemnity and Liability: Address liability for damage, insurance and any indemnity the grantee gives for use of the servient land.
- Registration and Execution: Include provisions for registering the easement at HM Land Registry and correct execution as a deed by both parties.
GOVERNING LAW
Applicable law
This Deed of Easement is drafted to comply with United Kingdom law. Key legislation includes:
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