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Disputes over easements and covenants can significantly impact your property’s use and value, whether you’re a homeowner, developer, or a commercial landlord.
At TV Edwards, our easement and covenant solicitors provide the right guidance to help you resolve these disputes efficiently while protecting your property rights.
We handle both residential and commercial disputes, working with clients to create individualised solutions that help them achieve their desired outcomes.
Understanding Easements and Covenants
Easements and covenants are legal rights or restrictions relating to land, often established decades ago, affecting how you can use or access your property.
TV Edwards’ easement and covenant solicitors navigate the associated complex issues, getting clarity on your rights and resolving disputes. Here’s what you should know in short:
- Covenants: A covenant is a promise in a deed, either positive (requiring action, e.g., maintaining a fence) or restrictive (prohibiting actions, e.g., building extensions). Covenant breaches occur when the burdened party fails to comply, but identifying who holds the benefit or burden can be challenging due to historical deeds.
- Easements: An easement grants one landowner rights over another’s land, such as a right of way or right of light. Easements can be created by deed, implied through sale, or acquired via prescription (20+ years of continuous use). Disputes, therefore, will often involve existence, scope, or extinguishment.
These issues can affect numerous things, including the value and use of a property, especially in light of market changes.
Why Easement and Covenant Disputes Arise
Disputes arise when easements or covenants are breached, misinterpreted, or contested. Some common issues include:
- Blocked rights of way
- Unauthorised developments that violate restrictive covenants
- Disputes over who benefits from historical covenants
These conflicts, which are regularly tied to leaseholder-freeholder disputes, can escalate without expert intervention. Our property disputes solicitors work with clients to form strategies that resolve these conflicts effectively.
When to Seek Legal Advice
Prompt action is critical in easement and covenant disputes to protect your property rights and avoid costly litigation.
If you’re facing a breach or contesting a restriction, our easement and covenant solicitors can provide an early consultation, wherein they’ll assess your position and develop a clear resolution strategy.
Contact us to discuss your dispute.
Related Dispute Resolution Services
Our Approach to Easement and Covenant Disputes
Our easement and covenant solicitors deliver a client-focused process that gets disputes resolved efficiently. We analyse deeds, assess rights, and pursue resolutions that protect property interests, whether through negotiation, mediation, or litigation:
- Deed Analysis: We review historical deeds, using them to clarify covenant and easement rights and obligations.
- Evidence Gathering: Collecting surveys, title documents, and witness statements, we put together a strong case for you.
- Negotiation and Mediation: We pursue amicable resolutions wherever possible.
- Litigation Support: If court proceedings are unavoidable, we’ll advocate robustly on your behalf, enforcing or defending your rights.
- Transparent Updates: We’ll put together regular progress reports and cost estimates for you, so you always have clarity.
With this approach, we get practical outcomes, be it enforcing a covenant or defending an easement.
If you think this approach will help you, contact us.
Collaborative Expertise
Our easement and covenant solicitors collaborate with surveyors, title experts, and clients to address all facets of a dispute. When we integrate legal and technical insights, we’re better placed to deliver tailored solutions for residential or commercial properties.
Why Choose TV Edwards?
- Highly ranked in legal directories – Recognised by Legal 500 and Chambers UK
- Proven success – A track record of securing favourable settlements and court wins
- Cost-effective solutions – We prioritise practical resolutions to keep costs manageable
- Specialist expertise – Dedicated teams for commercial, civil and property litigation
- Client-first approach – Clear, honest legal advice from start to finish
Our Accreditations
TV Edwards is recognised in the Times Best Law Firms 2025, with Lexcel and Cyber Essentials accreditations. We uphold the highest standards of professionalism and client trust. Our expertise in easements and covenants means your case will be handled with precision and integrity.
You can learn more about our Partners and Management Team here.
Client Testimonials
Easement and Covenant Frequently Asked Questions
What causes easement and covenant disputes?
Disputes stem from breaches, such as blocking a right of way or violating restrictive covenants, or disagreements over historical rights.
These issues often overlap with leaseholder-freeholder disputes. Our easement and covenant solicitors will put together a solution that addresses the root cause(s) of your dispute.
How can disputes over easements and covenants be resolved?
Alternative dispute resolution methods such as negotiation, mediation, and litigation, can be used to resolve disputes, depending on the complexity and party cooperation.
Mediation is cost-effective and helps preserve relationships, unlike court proceedings. Our easement and covenant solicitors will discuss the best resolution method for you during your consultations.
What are the legal requirements for easements and covenants?
Easements require specific conditions (e.g., continuous use for 20+ years for prescription), while covenants must be in a deed.
Our solicitors will analyse your deeds and title documents, leveraging their experience and expertise to ensure compliance is maintained.
Can covenants be modified or removed from my property?
Modifying or removing covenants requires an agreement from the benefiting party or a court application, depending on the covenant’s terms and age.
Our solicitors will assess your deed and negotiate or pursue legal action.
How do easements affect my property’s value?
Easements, such as rights of way, can reduce property value by limiting use or appeal.
We will evaluate the easement’s impact for you, and resolve disputes to protect your property’s marketability and value.
To see how we can help you, contact our team.
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