How are easements documented?

Easements are private rights, such as a right of way, that permit you to use another person’s property without owning it. The right must be recorded by deed and in the case of registered land, should be recorded in the Title Register for each property affected.

What is easement notes?

According to It “Easement is a privilege which a neighbour, keeps upon another neighbour, by instrument or by prescription, without profit, as same or as the way in his land or pond.” In this way, it is such a right which allows an owner of the property to enjoy his property free and without any interferences of any …

Can I write my own easement?

Obtaining an easement An expressly granted easement can be created by deed or by a will (so must be in writing) and, in respect of registered land, completed by registration. A grant is assumed to be forever unless noted otherwise in the terms of the grant.

What are the problems with easements?

An easement cannot be created as a result of an illegal act. Thus the driving of motor vehicles across common land does not create a private right of way. An easement is very difficult to extinguish and should be thought of as existing forever. The land of the servient tenement is burdened with the easement.

How do easements affect property value?

Generally, easements do not create a negative effect on your property value unless it severely restricts the use of the property. Most property owners still have full use of the property and do not experience any negative consequences.

Can I stop my Neighbour coming onto my property?

Generally speaking, your neighbour should not go onto your land without your permission. There are some situations where they may be able to access your land in order to complete repairs to their property, and their right to do this may be set out in the title deeds for the home.