Solicitors for easements & rights of way | protecting your access rights and property value across England and Wales

A right of way is a type of easement — it is the most common type. An easement is a legal right to use another person's land for a specific purpose, and a right of way is an easement that specifically permits passage across land (on foot, by vehicle, or both). Other types of easement include rights of light, rights of support, drainage easements, and service easements. All easements share the same essential characteristics: they benefit a defined piece of land (the dominant tenement), they burden another piece of land (the servient tenement), and they accommodate the dominant land rather than merely conferring a personal benefit. Our lease legal audits identify and classify all easements affecting your commercial property.

Yes, although it is not straightforward. An easement can be extinguished by express release (a formal deed), by implied release (abandonment — but mere non-use is not enough; there must be evidence of an intention to abandon permanently), by unity of ownership (where the same person comes to own both the dominant and servient land), or by operation of statute (for example, where a compulsory purchase order extinguishes private rights). Our lease risk assessment service evaluates whether any easements affecting your property may have been extinguished, and our lease legal audits confirm the current status of all rights.

Obstruction of a right of way is a serious matter — it is a trespass to the dominant owner's property right. The first step is to establish the precise scope of the right (what the easement actually permits) and to document the obstruction with photographs, measurements, and dated records. Our solicitors then typically write to the obstructing party setting out the legal position and requesting removal of the obstruction within a specified period. If that does not resolve the matter, we can apply to court for an injunction requiring removal and, where appropriate, damages for any loss caused by the obstruction. Our commercial lease disputes team handles easement enforcement matters, and we always explore lease mediation and settlement as a faster alternative to litigation.

A prescriptive easement arises through long use — typically 20 years or more — that is without force, without secrecy, and without permission (the latin phrase is nec vi, nec clam, nec precario). For commercial property, this most commonly arises where an access route has been used by tenants, customers, and suppliers for decades without any formal right being documented. Proving a prescriptive easement requires evidence of the qualifying use — witness statements, historic photographs, delivery records, and similar material. Once established, the right should be registered at HM Land Registry to protect it on future disposals. Our lease due diligence and lease legal audits services include an assessment of whether prescriptive rights may exist over or for the benefit of your property.

Absolutely, and significantly. The right easements enhance value — an adequate right of way, proper drainage rights, and clear service easements are essential for most commercial uses. Missing or inadequate easements reduce value, sometimes catastrophically: landlocked commercial premises may be virtually unsaleable without a right of access. Equally, easements that burden land can reduce its value — a right of way across a development site may constrain the developable area, and a right of light may limit building height. Our property acquisition support and lease risk assessment services provide a full evaluation of easement-related value implications before you commit to a purchase or investment.

Yes — you can negotiate a payment for the grant of an easement, and this is common practice in commercial property. The consideration reflects the value of the right to the grantee and any diminution in value of your land. The grant should be documented by deed and registered at HM Land Registry. You may also include conditions — for example, requiring the grantee to contribute to maintenance costs for a shared access road. Our solicitors draft easement deeds that protect your interests, ensure the right is properly limited in scope, and include appropriate provisions for maintenance, insurance, and termination if the right is no longer needed. For commercial landlords, our drafting landlord-friendly lease service ensures that easement provisions in new leases protect the landlord's position.