An easement is a legally binding right that allows one landowner to use a portion of another person’s land for a particular purpose, such as vehicular access, laying utilities, or drainage. In UK property development finance, easements are critical to establishing lawful access or servicing rights, which directly affect planning viability, development potential, and lender security. Easements may be express, implied, or granted by long use (prescriptive). Their presence or absence is typically identified in the Title Register or legal pack, and must be addressed in legal due diligence.
For developers and lenders, easements often influence both site deliverability and the value of security being offered. Rights relating to access, drainage, utilities, or shared infrastructure can determine whether a scheme is capable of construction, occupation, and long term operation. As part of wider Property and Title Related due diligence, solicitors will assess whether existing easements adequately support the proposed development and identify any restrictions that could affect future use of the land. Easements are frequently considered alongside Right of Way rights, particularly where access arrangements are essential to planning compliance, construction logistics, or lender requirements before funds can be released.
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