A closer look at prescriptive easements

10 January, 2018

This week, the trainee solicitor blog team spoke to Franco Lambiase. Franco is an associate in our commercial property team and his practice has a particular focus on property development work.

Those of our readers who have experienced the ecstasy (or agony!) of land law lectures will have already be familiar with easements. At its heart, an easement is a species of property right whereby one piece of land enjoys a benefit over another piece of land owned by a different party. The benefitting land is known as the “dominant” land and the burdened land is referred to as “servient” land.



Franco examines prescriptive easements, one of several types of easements that may affect land. Can a landowner benefit from an evidential presumption that they have enjoyed an easement as of right? You can read about the background of prescriptive easements and recent case developments here.