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Practice notes

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Published by a ³ÉÈËÓ°Òô Property expert

Practice notes
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There are different ways in which an easement may cease to exist and this Practice Note looks primarily at unity of seisin, also known as unity of ownership.

For other ways in which an easement may be extinguished, consider:

  1. •

    abandonment—see Practice Note: Easements lost by abandonment

  2. •

    express agreement—for example, see Precedent: Deed of release of easement

  3. •

    statute—for example, see Practice Note: Overriding easements and other rights

  4. •

    the execution of works in compliance with a statutory order which prevent the easement from being capable of being exercised, or

  5. •

    the lawful removal of the structure over which the easement exists

See further: General: Encyclopaedia of Forms and Precedents [1190].

Unity of seisin

Unity of ownership

Unity of seisin (in modern terms, unity of ownership) is where the ownership of the freehold interest in both the dominant and servient tenements come into the ownership and possession of the same person. This is in line with the principle that it is not possible to have an easement over one’s own land.

It is generally accepted that for an easement to be

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Key definition:
Ownership definition
What does Ownership mean?

The term ownership denotes a wide array of rights over property.

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