Deed of easement

[Whyisitsodifficult]

Does anyone here know if a deed of easement can be changed? We are drawing one up with our neighbour and their solicitor, I’ve asked if this can be withdrawn in the future. She (solicitor) has said usually not without agreement but in some circumstances that could happen! She won’t elaborate anymore as we are not her client. Can anyone help?

I could assist you on this. Can you briefly describe what the easement is for and in who's favour it's in? Presumably either you or your neighbour is giving the other a right of way or permission to do someone on you land?

In an example where you are given an easement of right of way on B's land (your neighbour) by deed and it's registered at the land Registry then B cannot unilaterally withdraw the easement. B gave you a right to do something and that right is considered property that you own.

You however can release B from giving you the right of way. This could be by express agreement or implied by your conduct for example if you change the layout of your land so that it was not possible to use that right of way anymore. That is abandonment. Then you would lose the right but it's pretty remote this would happen

Thanks for that. Yes the land is our neighbours and they are giving us the right to use it but have said that they will gift it to us if they decide to move out. I’m just worried that if relations between us should sour or they move and don’t gift us the land that any new neighbours could remove our access rights!