Survey finding
Easement or right of way: what UK buyers need to check
Easements and rights of way appear on almost every UK property's title deeds. This page covers what they mean for buyers, when they're a real issue, and how mortgage lenders treat them.
Last updated: 6 May 2026. Editorially reviewed: 20 May 2026.
Finding
Easement or right of way
What this usually means
An easement is a right one piece of land has over another, most often a right of way (across a driveway, path, or yard), a right of drainage (running drains under another property), or a right of light. Easements appear on the title deeds as Schedule items or are implied by long use (prescription, 20+ years). Disputes arise when ownership changes and the new owner challenges the use.
Why it matters
Easements rarely block a purchase but can affect how the property is used and what alterations are permitted. Lenders accept registered easements; unregistered prescriptive easements are more variable. Conveyancers handle easement issues in the legal pack, surveyors flag visible signs (paths, gates, shared driveways).
Ask your surveyor
- Check:Are there visible signs of shared use, paths, gates, driveways, fences in unusual places?
- Check:Are there visible drains or services running under the property that might serve neighbours?
Ask the seller
- Check:Are there any easements registered on the title, rights of way, drainage, light?
- Check:Are there any informal arrangements with neighbours about shared access or services?
Next steps
- •Get two written quotes from local trades before negotiating with the seller.
- •Speak to your mortgage broker before exchanging if the finding affects mortgageability.
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What you need to know
Severity
Maintenance item. Worth quoting and including in negotiation.
Typical cost to fix
Conveyancer's review of easement bundle: included in standard fees. Statutory declaration to confirm prescriptive easement: £400–£1,200. Boundary or easement dispute resolution: £1,500–£15,000+ depending on whether litigation results.
Mortgage impact
Lenders accept properties with registered easements. Lenders are more cautious about properties with prescriptive (unregistered) rights or where the easement materially affects value.
Insurance impact
Title indemnity insurance can cover specific easement risks.
When to pull out
Pull out if a critical access easement is in dispute. The seller cannot resolve it, and the property is unusable without the right.
When to renegotiate, and by how much
Easement issues are typically resolved through legal documentation rather than price renegotiation. If indemnity insurance is needed. The seller usually funds it.
Thinking of pulling out or renegotiating? What to do after a bad survey
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How MyPropertyScan produces this guide, and what it is not
Published by MyPropertyScan and written by Ziad Nasr, who is accountable for its accuracy. No page here is written or reviewed by a chartered surveyor, conveyancer or regulated adviser, and we do not claim otherwise.
This page is not:
- Chartered surveying — we do not inspect properties or produce RICS Home Survey reports
- Legal advice — we do not act as conveyancers or advise on title, tenure or contracts
- Mortgage or insurance advice — we are not regulated by the FCA and give no recommendations
Figures and process steps come from the published UK datasets and standards listed on this page, not from professional practice. Pages are updated when source coverage, survey cost assumptions, or lender and legal requirements materially change. Dataset limitations are set out on the methodology page.
Spotted something out of date or wrong? Email hello@mypropertyscan.com and we will correct it and change the update date.
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.
- Professional standard: RICS Home Survey StandardRICS standard for condition-based residential surveys in the UK.
- Learn more from: RICS consumer guide to surveysConsumer-facing guide to survey types and when each level is appropriate.
- Official guidance: GOV.UK buying or selling your homeGovernment overview of the home buying and selling process.