Easement - access across neighbouring property - any experience?

[Angelina]

hi - just wondering if anyone has experience of an easement and how to value it?

We have an easement across the garden of one flat to provide access to the garden at the rear flat. We're looking to establish a monetary value as it's quite intrusive (right in front of the window).

While I know that it's going to be based on various factors, just wondering if anyone has seen anything similar and how it was valued - looking to redraw the lease and plans to remove the Right of Way

 

thanks

 

[vladi]

Generally you cannot impose a charge for the usage of that easement unless it has been specifically agreed upon in the legal documents establishing the easement or through subsequent agreements between the parties involved.

An easement grants a non-owner the right to use another person's property for a specific purpose. The terms of the easement are typically outlined in legal documents, such as a deed or contract. These documents may specify any conditions or fees associated with the use of the easement.

If the holder of the dominant lease (ie the person entitled to the easement) is willing to negotiate with you, then it's a matter of what it's worth to each of you.

They can ask whatever they want for them to abandon their entitlement.

Edited February 19, 2024 by vladi

[Jules-and-Boo]

It’s whatever you agree on and how contentious it is.

 

Edited February 19, 2024 by Jules-and-Boo