Easement
An easement is a charge binding one property for the benefit of another — such as a right of way — and, unlike mortgages, it can survive an auction sale.
What it is, why it matters when bidding, and a worked example.
An easement links two properties: one serves (the burdened), one benefits (the dominant). The most common concern access, water, views and drainage. They can arise from contract, from adverse possession or from the law, and not all of them are registered — an easement created by adverse possession can exist with no mention on the registry certificate at all.
That is why easements deserve special attention at auction: they are the typical charge that does not lapse with the sale. A buyer who wins a plot crossed by a right of way buys the plot with the way, and cannot simply close it. The property's value reflects that — but only if the bidder knows the easement is there.
The signals are in the documents and on the ground: entries on the registry certificate, references in the notice or terms of sale, and the layout itself (an access serving landlocked plots, a pipe, a spring). Where a viewing is impossible, the absence of information about easements is a risk to price in, not to ignore.
Example
A 3,000 m² plot sells at €22,000 to a buyer intending to build. A right of way serving two landlocked properties crosses it down the middle. The usable buildable area shrinks substantially and the design has to work around it — a cost that was not in the bid but was in the property.
Frequently asked questions
Do easements disappear with a judicial sale?
As a rule, no. Unlike security interests, easements tend to survive and follow the property regardless of who owns it.
Is an unregistered easement valid?
It can be. Easements created by adverse possession or by destination can exist without registration, which makes inspecting the site and questioning the enforcement agent particularly worthwhile for land.
Related terms
Go deeper
Encumbrances, occupancy, debts and missing paperwork: what to check before bidding.
Read the full guide