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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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If a plot of land has an easement on it can the owner build

Customer Question

If a plot of land has an easement on it can the owner build several houses on it
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

What is the easement in question please?

Kind regards


Tom
Customer: replied 3 years ago.

I am not sure we are a small village and a builder owns this plot of land has gained building consent from the council, but we have been told that the land has a easement order on it, and that this building is not allowed to happen, is this correct

Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

A legal easement gives one property rights legal rights over another property. A right of way would be an example of a legal easement.

Easements are binding on both properties; the one that it is granted over and the one that has the right to use the easement.

The owner of the property that has the easement granted over it must allow the easement to be exercised. They cannot prevent the easement from being exercised by using the property in such a way that would prevent use of the easement.

So, if there was a right of way over the property and the development planned would prevent the right of way being exercised then they would be very unwise to start works without sorting out of the easement. Generally, they would approach the property owners having the benefit of the easement and offer the money to extinguish the easement. If the owners are not wiling to accept then the development should not go ahead.

However, if the development would not prevent the easement being exercise then there is not much that the properties having the benefit of the easement can do because they are still able to do what the easement says they can do.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom

Expert:  Thomas replied 3 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom

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