Deed of easement

This document is a draft deed of easement.

Whilst most titles are registered at the Land Registry, this deed can be used whether title to the dominant or servient land is registered or unregistered.

There is no prescribed form for use where granting an easement over registered land. Whilst it will be necessary to use the prescribed Form AP1 for the registration of an easement expressly granted over registered land, there is no form prescribed for the deed of grant itself. Hence, a traditional deed is acceptable.

As from April 2010, following the commencement of the Perpetuities and Accumulations Act 2009, which limits the operation of the rule against perpetuities in instruments made from commencement of the Act to a limited number of trust cases set out in section 1 of that Act, all references to perpetuity periods have been removed from this precedent.

The Property PSL infobank contains a note of some key points on easements affecting land (including a review of all relevant case law over the last few years) – see Key Points on Easements