It is only the burdened unit that should be adversely restricted for development purposes by the existence of an easement.

Naturally, if the easement in question is fundamental to accessing your property, then you would presumably need to ensure any subdivision allowed all subdivided lots to have access to the access way.

Also, you cannot build on the area of the easement, which is your neighbours property not yours, despite your having access rights to the area affected by the easement. The easement may, depending on its terms, entitle you (as owner of the benefited property) or oblige your neighbour (the owner of the burdened property), to construct and maintain a driveway on the easement for the use of both parties. Indeed the most common function of an easement is to allow neighbours access through the burdened property.

In any event, if you are looking to purchase a property with a view to redevelopment you should consult with a local planning lawyer before committing to a purchase as there is a great deal of local law which applies to property development and subdivisions which mean that the general rules outlined above do not always apply in all situations.

I trust the above assists your understanding.

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