Easements and wayleaves are rights across land under the jurisdiction of the Malvern Hills Trust. Applications can be made to the Trust for new easements or for alterations to existing ones.
Easements
Rights of Access
There are many tracks or driveways across Trust land which provide vehicular access to properties.
If you live in a property which has enjoyed vehicular access across the Trust’s land for more than 20 years, you may have established a right of access by prescription. The right will generally be limited to using the track for a particular purpose, eg for access to a dwelling or agricultural access to a field. Please get in touch with the office if you want to check the position. The upkeep of the track is the responsibility of the owner/s of the property or properties who enjoy the facility but the Trust does ask you to consult us before carrying out any work on our land.
If you wish to have a prescriptive right confirmed in a deed, please contact the office.
Otherwise the Board has power to agree to grant a right of access by deed.
If you wish to apply for an easement, make changes to the surface of the easement or modify it in any way then please contact the Trust to discuss this well before any work starts. Please note that there is usually an administrative charge for all applications and you will also be asked to pay any legal or other fees which we incur. Easement applications to the Trust will be considered by the Land Management Committee according to our Overground Easement Guidelines (updated in January 2020 to replace the Overground Easement Policy).
Overground Easement Guidelines (PDF)
Overground easement application form (Word doc.)
Services
These include gas, electricity, water, drainage, cables and all other conduits. The Trust will insist that these are placed underground in all but the most exceptional circumstances. Please contact the Trust to discuss this well in advance of the date on which you wish to start work.
Please note that there is a charge for a new underground easements and you will be asked to make good and damage caused to the Trust’s land either by the original installation or as a result of repairs or maintenance.
