Q&As

Is it possible to grant an express easement where the owner of the dominant land is not party to the deed of grant?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 23 October 2019
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An easement is a right benefitting one piece of land (the dominant tenement) by giving some right over another piece of land (the servient tenement). The most obvious example of an easement is a Right of way. For an easement to exist there must be dominant and servient land, the easement must accommodate the dominant land, the Ownership of the respective land must be distinct, and the relevant right must be capable of being granted: see re Ellenborough Park. For further information, see Practice Note: Easements—nature and characteristics.

Easements are commonly expressly granted, either by a deed made between the respective owners of the land or by an express reservation upon the sale of part of land by a

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Right of way definition
What does Right of way mean?

An easement conferring a right to travel across land.

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