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Updated: July 2025
Understanding Statutory Easement Rights Under the Countryside and Rights of Way Act 2000
If your home or land is only accessible by crossing common land, you may be entitled to a statutory right of access under UK law. Prior to 2002, property owners in this situation were often required to negotiate a private easement with the landowner—a process that could be complex, uncertain, and expensive.
Today, thanks to changes introduced by the Countryside and Rights of Way Act 2000, qualifying landowners now benefit from automatic easement rights, subject to set procedures and payment rates.
What Is an Easement and Why Is It Important?
An easement is a legal right that allows someone to access or use another person’s land for a specific purpose—such as reaching a private home or agricultural property. Without a proper easement, property owners may find themselves legally restricted from crossing neighbouring land, even to access their own premises.
Legal Reforms for Accessing Property Over Common Land
As of July 2002, regulations made under Section 68 of the Countryside and Rights of Way Act 2000 created a statutory framework that allows landowners to secure a permanent right of access across common land or village greens, provided they meet specific eligibility requirements.
These statutory easements are no longer at the discretion of the common landowner, meaning that if the legal conditions are satisfied and the correct procedures followed, objection is not permitted.
How Much Does a Statutory Easement Cost?
Instead of complex negotiations, the law now sets out fixed payments based on the age of the premises benefiting from the access:
0.25% of the property’s market value for buildings constructed before 1 January 1906
0.5% of the property’s market value for buildings constructed between 1 January 1906 and 1 December 1930
2% of the property’s market value for buildings constructed on or after 1 December 1930
Once payment is made, the easement is granted in perpetuity, giving the landowner and future owners a permanent legal right of access.
Why Legal Advice on Easements Matters
Although the process for securing statutory access rights is clearer than in the past, it still requires careful compliance with legal procedures, including valuation, notice, and formal registration. Errors in the application process or failure to meet statutory conditions may delay or invalidate your right of access.
At Willett & Co Solicitors, our experienced property and land law specialists can help you:
Determine your eligibility for a statutory easement
Calculate the correct payment under current legislation
Prepare and file the required documentation
Deal with any objections or complications during the process
Need Advice on Accessing Your Land?
If you are facing difficulties accessing your land or home across common land, or need assistance securing a legal easement, our solicitors are here to help.
📞 Contact our property law team today for expert advice on statutory rights of way, land access disputes, and easement applications.