Rights of Way and Deeds of Grant of Easement Explained | LegalDocuments.co.uk
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Part ofFarming and Agricultural Law in the UK
If you own land that borders another property, share a driveway with a neighbour, or have ever walked a footpath across private fields, you have encountered the world of easements and rights of way. These are some of the oldest and most practical parts of English land law, and they still cause real friction between neighbours today.
I've lost count of the times someone has contacted Law Express worried about a blocked track, a disputed access route, or a deed they've inherited and can't make sense of. This guide walks through what a right of way actually is, how a deed of grant of easement works, the different routes by which these rights come into existence, and what you can do to make sure the arrangement is recognised and enforceable. My aim is to give you a clear mental map before you speak to anyone or sign anything.
What this document is
An easement is a right that one piece of land enjoys over another piece of land owned by somebody else. The land that benefits is called the dominant tenement, and the land that carries the burden is called the servient tenement.
A right of way is probably the best-known example, the right to pass over a defined route, but easements also cover rights of drainage, rights to light, rights to run cables or pipes, and rights to use a shared parking space, among others. A deed of grant of easement is the formal written document that creates and records such a right.
It is signed as a deed (not just a contract) because English law treats the creation of an interest in land as needing that higher level of formality. The deed identifies the parties, describes both properties, sets out precisely what the right permits, and often deals with maintenance, cost-sharing, and any limits on use.
Once the deed is completed and registered, the right attaches to the land itself rather than to the individual owners, meaning it continues to benefit and bind future owners on both sides.
How to use this document
- Identify exactly what right you need or are being asked to grant. Before anything is drafted, be precise about the activity involved. Is it foot access only, or vehicles too? Is it a one-off seasonal use or daily access? Is it for drainage, services, or parking? The narrower and clearer the description, the fewer arguments arise later.
- Check the existing title documents for both properties. Obtain up-to-date copies of the title register and title plan for each property from HM Land Registry. Look for any existing easements, covenants, or restrictions already recorded. You may discover a right already exists, or that something on the title needs to be worked around before a new deed is drawn up.
- Agree the commercial and practical terms in writing. Work through the detail with the other party before instructing anyone to draft formal wording. This includes the exact route or area, permitted users, maintenance responsibilities, insurance, any payment or consideration, and whether the right is perpetual or time-limited. Recording heads of terms avoids wasted drafting later.
- Have the deed of grant of easement properly drafted and executed. The deed must comply with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989, it must be clear on its face that it is a deed, and it must be signed and witnessed correctly. Both the grantor and grantee should take their own independent view before signing, as the document will bind successors in title.
- Register the easement at HM Land Registry. For registered land, a newly granted easement must be completed by registration against both titles to take full legal effect against third parties. This is typically done using form AP1 together with the original deed and the required fee. Until registration is completed, the right may only take effect in equity, which is weaker.
Common questions
Q What is the difference between an easement and a right of way?
A right of way is one type of easement, specifically the right to cross somebody else's land along a defined route. Easement is the broader legal category, which also includes rights of drainage, rights to run services such as water or electricity cables, rights to light, and rights to park. So every right of way is an easement, but not every easement is a right of way.
Q Can a right of way be created without a written deed?
Yes, in certain circumstances. Rights can arise by implication where they are necessary for the reasonable use of land sold off from a larger parcel, or by prescription after long, uninterrupted use, generally twenty years as of right. However, rights created this way can be harder to prove and to register. A properly drafted deed of grant of easement is the most reliable route.
Q Does a right of way pass automatically when I sell my house?
If the easement is properly created and attached to the land, rather than granted personally to an individual, it runs with the land and benefits each successive owner of the dominant property. Registration at HM Land Registry against both titles is what makes this effective against future owners of the servient land. Personal licences, by contrast, end when the person moves on.
Q Who is responsible for maintaining a shared access track?
There is no automatic legal rule that the owner of the servient land must maintain a right of way. Responsibility usually comes down to what the deed says. A well-drafted deed will allocate maintenance, set out cost-sharing between users, and allow access for repairs. Where the deed is silent, disputes often arise, which is why getting this wording right matters.
Q Can a right of way be extinguished or cancelled?
Easements can come to an end in several ways: by express release in a deed, by abandonment where there is clear evidence the benefitting owner has given up the right, by unity of ownership if the same person comes to own both properties, or in some cases by statutory process. Simply not using a right for a period does not by itself amount to abandonment.
Q What happens if someone blocks a right of way?
Obstruction of an easement is a form of interference that can be challenged. Remedies may include seeking an injunction to remove the obstruction and damages for any loss caused. Before taking action, it is sensible to gather evidence of the right's existence, document the obstruction with dates and photographs, and consider whether a practical conversation with the other party might resolve matters first.
Q Do I need to register an easement at the Land Registry?
For registered land, a newly granted legal easement must be completed by registration to bind successors in title. This is done using form AP1 with the deed and the relevant fee, check the current fee on gov.uk. Registration gives the right its full protection. An unregistered easement over registered land may only take effect in equity, which is considerably weaker.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovHM Land Registry, apply to change the register (AP1)gov.uk
- LegislationLaw of Property Act 1925legislation.gov.uk
- LegislationLaw of Property (Miscellaneous Provisions) Act 1989legislation.gov.uk
- Guidance · UK GovHM Land Registry Practice Guide 62, easementsgov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.