How to Check for Easements and Rights of Way

When buying or selling property in England and Wales, it is essential to identify any easements and rights of way that affect the land. These are legal rights that allow one party to use another's land in a particular way, such as a neighbour's right to cross your driveway or utility companies' rights to access underground pipes. If these rights are not properly identified during conveyancing, they can lead to disputes, unexpected obligations, or limitations on how you use the property.

This article explains what easements and rights of way are, how they are recorded, and the practical steps you can take to check for them before you complete a property transaction.

What Are Easements and Rights of Way?

An easement is a legal right that allows one property owner to use another's land for a specific purpose. A right of way is a common type of easement that gives someone the legal right to pass over land owned by someone else. Rights of way can be:

• Private rights of way granted by deed between landowners.
• Public rights of way, such as footpaths, bridleways or byways, which allow members of the public to pass over private land.

These rights can bind current and future owners of the property and are often detailed in legal documents rather than clearly visible on the land itself.

Why Checking for Easements and Rights of Way Matters

Easements and rights of way can affect:

• Property value – a significant right of way can reduce appeal or resale value.
• Use of land – a right of access may restrict what you can do with part of your property.
• Legal obligations – some easements include responsibilities, such as maintaining a shared access track.
• Mortgage and insurance – lenders often require full disclosure of easements before lending.

Because they are legal rights that “run with the land”, they are usually binding on future owners and cannot be ignored.

Step‑by‑Step: How to Check for Easements and Rights of Way

1. Obtain the Title Register and Title Plan

The first step is to obtain the Title Register and Title Plan from HM Land Registry. These documents are the official record of ownership and rights affecting the property.

• The Title Register lists legal interests such as easements and rights of way registered against the property.
• The Title Plan shows the general boundaries and may include coloured markings indicating rights affecting the land.

These documents can be ordered online via the GOV.UK service or obtained by your conveyancer on your behalf.

2. Review the Registered Details

Once you have the title documents:

• Check the Property Register section for easements that benefit the property.
• Check the Charges Register for easements burdening the property (i.e. rights others have over your land).
• Look at references to other documents or plans which may contain detailed descriptions of rights or obligations.

Not all easements are fully described in the register itself; sometimes the register will point to another deed where the full terms are set out.

3. Inspect Conveyance and Historic Documents

Older rights may be contained in historical deeds or conveyances. Your conveyancer should:

• Review these older documents if the register refers to them.
• Compare historical plans and descriptions with the modern title to reconcile differences.

Historic easements might not be registered but can still be legally enforceable if they were properly created at the time.

4. Conduct Local Authority and Rights of Way Searches

During conveyancing, your solicitor or licensed conveyancer will usually order a local authority search. This search asks the local council about:

• Public rights of way near or across the property.
• Any recorded highways, paths or access agreements.

A rights of way search report from specialist providers can also produce detailed information, including maps and historic rights, unregistered rights, and nearest public paths.

5. Check Definitive Maps and Statements

For public rights of way, definitive maps maintained by local highway authorities show official public footpaths, bridleways, restricted byways and other rights open to the public. These maps and their associated statements can be inspected:

• Through the local authority's office or website.
• Via organisations that map public access routes.

These maps indicate rights that affect the land even if they do not appear on the title document.

6. Ask the Seller and Inspect the Land

Sellers complete a Property Information Form (TA6) disclosing known easements and rights of way. While not definitive on their own, this disclosure helps identify potential issues that may not yet be documented.

A physical inspection of the property with a surveyor or your conveyancer can reveal features such as:

• Gates, tracks or paths.
• Utility corridors.
• Apparent access routes across neighbouring land.

Visible features might indicate rights of way not immediately evident from documents alone.

Understanding What You Find

Registered Easements

Registered easements have been formally entered on the title and are usually clear to see in the title register and plan. Examples include rights of:

• Way.
• Access for utilities.
• Shared drives.

Unregistered or Prescriptive Rights

Some rights may not be registered but can still be valid through long use (prescriptive rights). These are often discovered through enquiries and local authority or neighbour checks.

Practical Considerations and Risks

• A right that appears to benefit your land may also burden another property; understanding whether your property is the dominant or servient tenement is important.
• Misinterpreting the scope of a right (for example mistaking pedestrian access for vehicle access) can lead to disputes.
• Failure to identify a right before completion may result in post‑completion disputes or even claims for compensation if the right affects enjoyment of the property.

Your conveyancer plays a key role in analysing all available evidence and advising you on its legal effect. This often includes structured enquiries with the seller's solicitor and careful interpretation of all documents.

Common Questions About Easements and Rights of Way

Do all rights of way appear on the title register?
No. Some rights, particularly older or informal rights, may not be registered and require review of historic deeds or searches with local authorities to uncover.

Can rights of way be removed?
Rights of way are property rights and are usually difficult to extinguish. They can only be removed by agreement, court order, or, in the case of public rights, formal procedures involving the highway authority.

Should I get a physical survey?
A land survey can provide a visual and measured understanding of how easements physically affect the property, complementing documentary research.

Key Takeaways

Checking for easements and rights of way is a fundamental component of due diligence in conveyancing for properties in England and Wales. This process involves obtaining and analysing title documents from HM Land Registry, reviewing historical deeds, ordering local authority and specialised rights of way searches, and inspecting the land itself. Easements and rights of way can significantly affect property rights and obligations, so identifying them early helps buyers and sellers clarify legal responsibilities and negotiate terms accordingly. Thorough research reduces the risk of disputes and provides greater certainty about land use and ownership rights.