Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Easement definition

What does Easement mean? An easement is a property right allowing one parcel of land to use another in a specific way, without giving possession of the burdened land or the right to take its natural produce (which would be a profit à prendre). Typical examples include a right of way, rights of light, drainage and support. In England and Wales and Northern Ireland, the concept is defined mainly by case law (Re Ellenborough Park), with statutory rules on creation, prescription and registration. An easement must benefit identifiable dominant land, burden servient land, be capable of grant, and accommodate the dominant tenement....

Easements and Perpetuities in England and Wales: the 2009 disapplication, 1964 'wait and see', drafting traps, ancillary rights, leasehold grants and future-acquired land

Published by a LexisNexis Property expert

Practice notes

Drafting — Perpetuities and Accumulations Act 2009

Under the Perpetuities and Accumulations Act 2009 (PAA 2009), the Rule against perpetuities no longer applies to Easements created on or after 6 April 2010. As a result, a drafter does not need to set a Perpetuity period within which the right must vest (i.e. take effect). Even so, many grantors still include a specified vesting period to secure the comfort of knowing the easement will cease to be relevant if it does not vest within that timeframe. Any conditions within the grant itself that regulate how the easement is exercised will, of course, remain in force.

Due diligence — future easements

The perpetuity rule continues to govern easements granted before 6 April 2010. The rule causes no difficulty where the subject matter of the right exists at the date of grant. For instance, a right to use existing service media is unaffected. By contrast, if a grant is made to use service media that may be installed in the future (using the same example), that grant falls within the rule...

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Web page updated on 21/05/2026

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