Easements in England and Wales: creation, registration and protection with HM Land Registry—express, implied and prescriptive rights, leases, equitable easements and overriding interests (practitioner checklist)

Published by a LexisNexis Property expert

Checklists

This Checklist examines how easements come into being and whether they must, or may, be entered on the register at HM Land Registry. It addresses the following principal topics:

Does an easement exist?
Can it amount to a legal easement?
Was the easement made by express grant?
Is the express right set out in a deed of grant or a transfer?
Is the right included within a lease?
Has the easement arisen by implied grant?
Has the easement arisen by presumed grant?
Is the right merely equitable?
Is the easement an overriding interest?
Rights distinct from easements

An application to HM Land Registry to register an easement may need supporting evidence of third party consents, or proof of compliance with a restriction on title. These matters are not explored in detail in this Checklist; see Practice Notes: Mortgages and land—dealings with land subject to a mortgage or legal charge, and Land registration—restrictions on title under the Land Registration Act 2002.

Is there an easement?

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Web page updated on 20/05/2026

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