Larken & Co’s make understanding easements easy

An easement is a legal right granted to a parcel of land over another parcel of land for a specific use, writes Nikita Pandey of Larken & Co.

It can be in many forms such as a right to pass along a privately owned land, or a right to park in a specified area on a shared driveway, or even a right to draw water from a watercourse on your neighbour’s land.

Another type of easement is a utility easement. This permits use of your private land if a utility company requires the land, or you require utilities on your land.

In these circumstances the utility company will usually enter an easement deed, noting your express grant of right to lay the utility apparatus on your land and this can also involve monetary compensation being offered in exchange.

By virtue of express easements and under their statutory powers granted by legislation such as the Electricity Act 1989, the Water Industry Act 1991, and the Gas Act 1986, etc utility companies have a range of legal rights.

They have a right to enter and work on your land for installing, maintaining, inspecting, repairing, replacing or removing utility infrastructures.

Reasonable notice prior to access is usually provided unless there’s a risk to public safety, or damage to the network where the priority is to immediately carry out repairs to minimise risk, and giving notice might not be practically possible.

Utility companies also have the right to break up land where the apparatus is installed and surrounding designated areas to carry out works. They can also remove vegetation if it interferes with their apparatus.

Utility companies must act reasonably in all circumstances and should only be breaking up or accessing areas permitted. If there is any damage to the land, the utility company usually either reinstates the land, or compensates for the damage caused.

It is not just the utility companies who have rights under such easements. You also have certain rights such as the right to being informed of planned/maintenance works on your land; a right to be given reasonable prior notice before your land is accessed and in emergencies.

You have the right to ensure the utility company only accesses the permitted areas they require for their work and that they minimise disruption to your property. In addition, you have a right to receive compensation for damage to land, buildings, fences, or crops caused due to the utility companies carrying out their works.

You may also be entitled to compensation for loss of value to your land due to the presence of utility apparatus and a right to seek legal advice before granting the easement- costs of which can sometimes be covered by the utility companies.

However, there are several constraints if you have a utility easement on your property. Under their statutory powers, and acting reasonably, utility companies can enter your land in emergency situations if it is a health and safety risk without informing you.

They do not need to tell you how many people are carrying out works to their apparatus on your land and you are not allowed to do anything on your land that might affect the utility apparatus or the area where the apparatus is located.

This can include not being allowed to plant hedges and trees over and around the utility apparatus. You cannot obstruct access to the utility apparatus and cannot build anything on it. As such, utility easements may prevent certain upgrades to your land, such as installing a swimming pool, erecting a fence or even parking over the manhole cover on your driveway.

You should also bear in mind that the utility company may require regular access to a particular area and constantly damage the land. You could consider limiting the area the utility company is permitted to access on your land.

If you think the presence of a utility easement negatively impacts your use or enjoyment of the land or your ability to sell it in the future, you can negotiate a formal release of the easement and should seek legal advice before doing so.

Although as a landowner you should consider the impact of utility easements and accompanying restrictions on the use of your land, these easements are ultimately designed to allow utility companies to provide services like water, gas, electricity, telecommunication and sewage treatments to serve the needs of our modern-day community.

As such they are important and should always be given due consideration.