Types of Easement
There are many different types of easement, but some of the most common are:
- right of way - a right to cross one parcel of land in order to access another parcel. This can be with or without vehicles and will usually be over a defined accessway. An example would be "a right of way over the Access Road with or without vehicles for the purpose of access to and egress from 1 Arcadia Avenue"
- right to use service media - a right to use sewers, drains, pipes and cable crossing other land, such as "The right for the Transferee its successors in title and owners or occupiers for the time being of the Property (including any dwellings to be constructed thereon) and each and every part thereof to the free and uninterrupted passage of and running of Services to and from the Property (including any dwellings to be constructed thereon) through over and along the Service Media that from time to time are in over through or under the Retained Land together with the right to enter onto the Retained Land at all times to repair renew maintain inspect replace and clean the Service Media and to lay any further Service Media or connections required in order to obtain any Services available through them";
- right of support/shelter - a right for land (or buildings on the land) to be supported or sheltered by adjoining land or buildings. For example a flat in a block would typically have the right to be supported by the flat below and sheltered by the flat above;
- access for repair - a right to access adjacent land to repair buildings that sit on the boundary or perhaps facilities that are on the adjoining land but serve the property, such as "A right of access to the Retained Land subject to giving not less than 48 hours' notice (except in the case of emergency) to repair, replace and where necessary renew the Service Installations on over or under the Retained Land";
- light and air - this is a right to receive unobstructed light and air, so that it can prevent neighbouring landowners (over whose land the right is exercised) from constructing buildings that would block the flow (and leave the property in shadow). It might be worded like "A right to the free passage of light and air over the Retained Land through the windows of any buildings now or future constructed on the Property". Rights of light are typically excluded in new conveyances as they can stymie development.
