Legal Easements for Developers – Unlocking Development Without Legal Headaches
23rd July, 2025
As a residential property developer, your success hinges on maximising the value and usability of every parcel of land you touch. But one hidden legal element can make, or potentially break your project, these are known as easements.
These invisible rights can allow or restrict access, utilities, or use of land in ways that can either streamline your development or cause costly delays and even, disputes. Understanding easements isn’t just legal jargon, it’s a crucial tool in your deal making toolkit.
What are easements, and why should developers care?
A legal easement is a right granted over a parcel of land, burdening another and that attaches to land for a specific purpose – think access roads, services and utilities, and general rights of entry. For developers, easements often arise in these forms:
- Right of way easements: Crucial when your site doesn’t have direct road access; and
- Services easements: Necessary for water, power, sewage, and telecom infrastructure.
Ignoring easements affecting the land(s) you are purchasing, or failing to negotiate new rights upfront can stall your development programme, cause expensive litigation, or reduce your site’s profitability sterilising large areas which in turn, brings into question the general viability of a potential scheme.
Easements & case law: Lessons for developers
Re Ellenborough Park
This case established the four key principles of an easement: An easement must benefit a parcel of land and burden another, both land parcels being in separate ownership. An easement must also be clearly defined and be capable of transfer by way of deed.
Lesson: Your easement agreements must be precise. Vague or overly broad rights can be invalidated, putting your scheme at risk.
Miller v. Emcer Products
If someone uses part of your land openly and continuously without permission for years (and without challenge), they may be entitled to claim a prescriptive easement – a permanent legal right. Of course, it isn’t quite that simple and easements by prescription can arise in many ways.
Tip: Monitor your land regularly and challenge unauthorised use early to prevent such rights being claimed.
Real developer scenarios
Access Denied: The blocked right of way
You have already purchased a promising site, but it only connects to the main road via a narrow dirt track crossing a neighbouring parcel of land. No documented easement exists (nor can a prescriptive right be claimed) and the neighbour refuses access.
Without a right of way easement, your construction trucks, contractors, and future buyers have no legal way to reach the property, a deal-killer.
Tip: Secure an express easement as part of your purchase contract, making the contract conditional on the necessary easements being in place or, negotiate an alternative access route early on.
How developers can manage easements smartly
- Due Diligence: Before buying land, undertake a thorough title review and site survey to identify existing easements, and in order to ascertain what additional easements are required. Caution must be exercised when seeking to rely on existing rights.
- Legal Documentation: Always get easements in writing, clearly outlining scope, location, and limitations.
- Consult Experts: Work closely with property lawyers and surveyors familiar with easements throughout the course of the transaction in order to devise a strategy to bring forward any potential site.
The bottom line: Easements can make or break your development
Ignoring easements is like building on quicksand, your project can sink under legal battles or logistical nightmares. Ready to build with confidence? Reach out to a property lawyer early, and make easement checks part of your standard development checklist.
Got questions? Contact Clarissa Pritchard to discuss.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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