Deed of easement (right of way)

by Practical Law Property

A standard document for use when a freehold owner of land (the Grantor) in England and Wales grants a right of way to a neighbouring freehold owner (the Grantee). It sets out the key rights and obligations for both parties, which includes detailed Grantor's and Grantee's covenants, addressing issues such as repair, maintenance, and use of the right of way. This standard document addresses the procedural requirements for registering the easement and any associated restrictive covenants at HM Land Registry. The document also includes a mechanism for ensuring positive covenants are enforceable against the Grantee’s successors in title, through the use of a Deed of Covenant and a corresponding Land Registry restriction. It contains optional provisions for a lender to consent and be a party to the deed where the Grantor’s property is subject to a charge and also contains optional provisions for applying the Contracts (Rights of Third Parties) Act 1999 (CRTPA 1999) to certain obligations.