UKWhat is an easement and how does one arise?
An easement is a right to use another person's land for a specific purpose, such as a right of way. It can arise by express grant, implication (including under section 62 of the Law of Property Act 1925), prescription, or necessity.
What the Law Says
The Law of Property Act 1925 provides the statutory foundation for how easements may arise in England and Wales — particularly through implied grant or reservation when land is divided.
An easement is a proprietary right that allows one landowner to use or restrict the use of another’s land for a defined purpose — for example, a right of way, drainage rights, or rights to light. It must benefit a piece of land (the 'dominant tenement') and burden another (the 'servient tenement').
Section 62 of the Law of Property Act 1925 is central to the implied creation of easements. It operates when land is conveyed (e.g., sold or leased) and automatically includes, unless excluded, all existing easements, rights, and privileges that were enjoyed with the land before the conveyance — provided they are capable of being easements and are reasonably necessary for the enjoyment of the land.
This section does not create new rights but 'enlarges' or confirms pre-existing ones — such as paths, watercourses, or access routes — that were used openly and continuously before the sale. It only applies to conveyances of legal estates (e.g., freehold or leasehold), not informal arrangements.
Statutory TextA conveyance of land shall be deemed to include and operate to convey, with the land, all ways, waters, watercourses, lights, liberties, privileges, easements, rights, and advantages whatsoever, appurtenant or belonging to the land, or any part thereof, or usually enjoyed therewith, or held or occupied therewith, or reputed to belong or be appurtenant thereto.
— Law of Property Act 1925, s. 62 — Conveyances to include certain rights
What to Do
Check whether the right has been expressly granted in writing (for legal easements, this must comply with s. 52 LPA 1925 and be created by deed).
If no express grant exists, investigate whether the right was used openly, continuously, and without permission for at least 20 years (prescription) or was reasonably necessary at the time of conveyance (implied under s. 62).
Review title deeds and Land Registry documents to identify registered easements or notices.
Seek legal advice before relying on an unregistered easement — equitable easements require careful assessment of fairness and reliance.
If disputing or enforcing an easement, consider mediation first; otherwise, apply to court for a declaration or injunction.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.