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.
Browse all findings
- Spray foam insulation
- Evidence of movement
- Damp
- Japanese knotweed
- Damp proof course issues
- Underpinning
- Cracks
- Roof issues
- Timber decay
- Electrical issues
- Non-standard construction
- Asbestos containing materials
- Roof covering needs repair
- Single skin wall construction
- Timber decay / wet rot
- Settlement cracks
- RAAC concrete
- Wall tie failure
- Party wall matters
- Drainage issues
- Subsidence monitoring
- Full electrical rewire needed
- Flat roof condition
- Cladding issues
- EWS1 form required
- Lintel failure
- Structural crack BRE category 3
- Structural crack BRE category 4-5
- Chimney stack movement
- Chimney flashing failure
- Parapet wall movement
- Bay window cracking
- Flat roof ponding
- Cold roof inadequate ventilation
- Warm roof insulation issues
- Prefab concrete construction
- Large panel system (LPS) construction
- Rising damp
- Penetrating damp
- Condensation vs damp distinction
- Dry rot (Serpula lacrymans)
- Woodworm
- Timber floor springiness
- Cellar / basement damp
- Outdated electrics (60-amp fuse board)
- Aluminium wiring
- Partial rewire needed
- Gas boiler condition
- Back boiler
- Unvented hot water cylinder issues
- Lead pipes (pre-1970)
- Lead paint
- Asbestos in Artex ceilings
- Asbestos floor tiles
- Asbestos cement roof
- Asbestos insulated board (AIB)
- Asbestos soffit boards
- Pointing / repointing needed
- Render cracking
- Pebbledash delamination
- UPVC window seal failure
- Sash window condition
- Flat roof membrane condition
- Zinc roof
- Felt roof condition
- Corrugated asbestos roof
- Cavity wall insulation issues
- External wall insulation issues
- No building regulations certificate
- No planning permission for extension
- Certificate of lawfulness needed
- Indemnity insurance required
- Neighbour dispute on file
- EPC F or G rating
- Oil heating property
- Off-gas-grid property
- Solar panel lease vs owned
- Ground source heat pump property
- Air source heat pump property
- Chimney breast removed without support
- Floor joist decay
- Wall bowing
- Mould and condensation
- Septic tank property
- Thatched roof condition
- Listed building restrictions
- Conservation area restrictions
- Restrictive covenants on title
- Coal mining area
- Coastal erosion risk
- Flood risk zone 3
- Radon affected area
- Contaminated land history
- Trees near building
- Party wall agreement outstanding
- EICR required
- Knotweed treatment history
- Single glazing condition
- RCD protection missing
- Damp-proofing guarantee transferability
- PRC (precast reinforced concrete) house
- Airey house
- BISF (British Iron and Steel Federation) house
- Timber frame construction
- Steel frame house
- Wet rot
- Heave (ground movement)
- Chimney condition and stability
- Short lease (under 80 years)
- Fire safety: flat and leasehold issues
- Blocked or condemned flue
- Spalling brickwork
- Diagonal cracks in walls
- Retaining wall condition
- Tanking failure in basement
- Missing or slipped ridge tiles
- Lead flashing condition
- Gutters and downpipes
- Double glazing condensation (failed units)
- Skylight or roof light condition
- Dormer condition and weathering
- Torn or missing sarking felt
- Chancel repair liability
- Easement or right of way
- Boundary dispute or unclear boundary
- Adverse possession risk
- Flying freehold
- Ground rent escalation clause
- High or variable service charge
- Extension without planning consent
- Loft conversion: no building regs
- Single-phase electrical supply only
- Shared or private sewer
- Blocked or collapsed drains
- Cesspit or septic tank
- Solid fuel heating
- No mains gas supply
- Low water pressure
- Private water supply
- Wimpey No-Fines concrete house
- Reema construction
- Unity or Boot construction
- Laing Easiform
- Cornish Unit house
- Cross-wall construction
- In-situ concrete construction
- Oak frame construction
- Radon: mitigation required
- Missing or inadequate fire alarms
- Single staircase: means of escape
- No earthing or bonding
Tool shortcut
Check the property before you offer
Flood, subsidence, EPC, crime, schools, transport, broadband, tenure, age, listed status and price checks where data is available.
Run a free previewCross-check this finding with EPC, building age, and address-specific risk data.
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
Run the check on this address
The Survey Decoder explains the wording. The full report adds address-specific flood, subsidence, EPC, crime, listed status, building age and price comparison data, so a single finding isn't judged in isolation.
Run the check
Check the property before you offer
Flood, subsidence, EPC, crime, schools, transport, broadband, tenure, age, listed status and price checks where data is available.
Run a free previewRead next
Restrictive covenants on title , often sits near easement or right of way on a survey and is the next thing to check.
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.