Easements and access
Rights of way and easements when buying a house: access, drains and shared land
An easement is a legal right one piece of land has over another. For buyers, the most important examples are rights of way, shared drives, private-road access, drainage rights, service-media rights and rights for neighbours or utilities to cross the land.
This page targets the title-search question: what rights exist, whether they are adequate, and how they affect lenders and practical use.
Last updated: 31 May 2026. Editorially reviewed: 31 May 2026.
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Run a free previewWhy access rights are lender-sensitive
A house can look perfectly accessible at the viewing but still lack a documented legal right over the driveway, lane or shared path. Lenders need the solicitor to certify that the property has adequate access and service rights. If those rights are missing or unclear, mortgage funds can be delayed or refused.
Easements also matter in the other direction: neighbours may have rights over the property you are buying. That might be a footpath, vehicle access, drainage, cables, pipes or maintenance access.
Title plan limits
The title plan shows the general extent of registered land, but it may not show the full wording of rights. The title register often points to a transfer, conveyance or deed that contains the real detail. Ask your solicitor for the wording, not just the plan.
Source and search scope
| Source | What it checks |
|---|---|
| Title register and title plan | Identifies rights benefiting and burdening the property, and the general land affected. |
| Filed transfers or conveyances | Contain detailed wording for rights of way, service rights, shared access and maintenance obligations. |
| Local authority highways record | Shows whether a road is adopted, which matters where access is via a lane or estate road. |
| Water and drainage records | Help identify public sewers, shared drains and routes that may need legal or practical access. |
What the result means
Express right granted
The title includes a written right. Check whether it covers the actual route, vehicle use, services and maintenance.
Right reserved to others
Someone else may cross or use part of the land. Decide whether that affects privacy, parking, security or future works.
Access used but not documented
This is a lender-sensitive title issue. It may need evidence of prescriptive rights, deed of grant, title insurance or seller action.
Buyer and lender implications
- Missing legal access can block a mortgage even if the physical driveway is obvious.
- Shared drives and private roads need clear maintenance responsibilities, not just a right to pass.
- Utility and drainage rights can limit extensions, landscaping or fences if access must remain available.
Questions to ask your solicitor
- 1Does the title grant legal pedestrian and vehicle access from the adopted highway to the property?
- 2Are any rights only implied or based on long use rather than express wording?
- 3Who maintains the shared drive, lane, private road or access path?
- 4Do neighbours, utilities or water companies have rights over the land I am buying?
- 5Do any easements affect my planned extension, parking, gates, fencing or garden layout?
Related conveyancing search guides
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Run a free previewFrequently asked questions
What is the difference between a right of way and an easement?
A right of way is one type of easement. Easements also include rights for drainage, pipes, cables, support, light, access for maintenance and other land-to-land rights.
Can I buy a house with an undocumented access route?
Only with careful legal advice. Your solicitor may need evidence of long use, a deed of grant, indemnity insurance, lender approval or seller action before exchange.
Does a shared driveway always mean a problem?
No. Shared driveways are common. The important points are whether the rights cover actual use, whether parking is defined, and who pays for repairs.
Can I block a neighbour's right of way after completion?
Usually no. If the title grants a right, obstructing it can lead to a dispute or injunction. Understand the right before you buy.
Editorial review
Editorial owner: BiteRight Ltd, operator of MyPropertyScan. We review buyer guides against UK public property datasets, RICS survey wording, lender requirements, and common buyer questions.
Pages are updated when source coverage, property-risk guidance, survey cost assumptions, or product checks materially change. Methodology and dataset limitations are explained on the MyPropertyScan methodology page.
Sources used
We use UK public and specialist sources where they are available. Public datasets can be incomplete, delayed, or missing for some addresses. Treat them as a starting point, not as a replacement for professional advice.
Source standard: preference goes to official government datasets, statutory bodies, professional standards, and primary dataset publishers. We cite the source family on the page and explain coverage limits rather than filling gaps with unsupported estimates.
General information only. Not legal, mortgage, insurance or surveying advice. Always confirm search results with your own conveyancer, lender, insurer and surveyor before exchange. MyPropertyScan is operated by BiteRight Ltd.