Our Expertise

Our work in this area covers the full range of situations in which access to or use of another party’s land needs to be formally established. We assist clients with:

Drafting and negotiating deeds of easement

An easement is a right enjoyed by one piece of land over another. Because it attaches to the land rather than its owner, it survives changes of ownership and continues to bind successor titles. That permanence makes precision in drafting essential. Vague wording about the extent of a right, the land affected, or the obligations of each party is one of the most consistent sources of property disputes.

We draft bespoke deeds that set out the scope of the right clearly, identifying the dominant and servient land, the permitted use, any restrictions, and the responsibilities each party carries for maintenance and repair. We can help with the grant of entirely new easements as well as the reservation of rights where land is being sold or divided.

Rights of way and access

Rights of way are among the most widely relied upon easements in commercial property transactions. They allow a party to pass over another’s land, whether on foot, by vehicle, or for the movement of equipment and materials. For developers, investors, and businesses, rights of way are often fundamental to whether a scheme is viable at all.

We advise clients on the scope and limits of both existing and proposed rights of way, and we draft documentation that removes any ambiguity about what is permitted, when, and over which part of the land. Where access rights need to be extended, formally recorded following a period of informal use, or registered for the first time, we can help throughout the process. Our solicitors ensure that the rights clients rely on are fully protected and enforceable before any transaction completes.

Utility easements, wayleaves, and infrastructure rights

Many commercial and development projects depend on the ability to install, maintain, or renew infrastructure across land that belongs to a third party. Utilities including gas, electricity, water, drainage, and telecommunications all require legal rights to cross privately owned land, and getting those rights documented correctly from the outset protects all parties.

A wayleave is a personal licence that permits a utility company or contractor to install and maintain equipment on someone else’s land. Unlike an easement, a wayleave does not attach to the land and can, in principle, be brought to an end. We routinely advise clients on the practical and legal differences between wayleaves and easements, assist them in deciding which is the right option, negotiate terms on their behalf, and draft the documentation required to put agreed rights on a sound, permanent footing.

Existing easements and title investigations

Before proceeding with any transaction or development scheme, it is essential to understand all easements that either benefit or burden the land in question. An undisclosed right can materially affect a property’s value or restrict the way it can be developed or used.

We carry out thorough title investigations on behalf of clients, reviewing Land Registry registers and title plans, historic deeds, and any supporting documentation to identify rights that could affect the proposed transaction or use. Where existing easements require clarification or are in dispute, we can advise on the available options and act for clients in any negotiations or proceedings that follow. Early advice at this stage can prevent significant problems further down the line.

Variation and extinguishment of easements

Not every easement that has been granted remains appropriate over time. Changed circumstances, redevelopment of a site, or the practical obsolescence of an historic right can all create the need to vary or formally release an existing easement. A landowner looking to sell or develop may also need an old right extinguished before a transaction can proceed.

We advise on the legal circumstances in which easements can be varied or brought to an end, whether by agreement between the parties or abandonment, or where ownership of the dominant and servient land has merged. We draft the documentation required to give effect to those changes and handle any necessary Land Registry applications.

Why choose us?

Whether you are granting, acquiring, or reviewing easements, our commercial property team has the experience and expertise to guide you through the process.

We offer:

Straight talking legal advice

Easements involve detailed areas of property law, but the advice we give is practical and direct. We explain what documents say and what they mean for your position in straightforward terms, without the kind of legal complexity that leaves clients uncertain about where they stand or what they have agreed to.

Client interests at the centre of everything

At BWS Law, we do not apply a standard approach to every matter. We take time to understand the specific circumstances of each matter before advising on the most effective course of action. Clients consistently tell us they value our responsiveness, our approachability, and the fact that we remain focused on their commercial objectives.

East Midlands roots, national reach

We are based in Loughborough and have strong connections across the East Midlands, but we act for clients on commercial property matters throughout England and Wales. That balance of local knowledge and broader capability means we are well-placed to handle matters wherever the land in question is situated.

Transparent, competitive fees

We offer genuinely competitive rates and provide clear cost information at the outset of every matter, so clients know what to expect and can plan accordingly. Our experience means we work efficiently and without unnecessary delay, which benefits clients both in terms of time and cost.

If you need advice on a deed of grant of easements, contact us today to find out how we can help.