Insights
Rights now or rights later? The case for options for easements
Traditionally, on the acquisition of land for the purposes of development, parties have sought to reserve rights for any retained or adjoining land over the development site in a transfer. However, as development schemes become larger and more complex, landowners, developers, registered providers and purchasers are increasingly considering ways to preserve future access and infrastructure rights without permanently burdening land with extensive (and often unnecessary) easements. One solution is the use of an option for easement which can offer practical and commercial advantages as well as greater flexibility to the traditional rights reserved in a transfer.
