Easements are one of the most important — and often overlooked — details on a New Zealand property title. An easement can affect what you build, where you park, and even who has the right to walk across your land. Here's everything you need to know.
What Is an Easement?
An easement is a legal right that allows someone other than the property owner to use part of the land for a specific purpose. Easements are registered on the property's Record of Title and remain attached to the land — not the owner. This means they transfer automatically when the property is sold.
In New Zealand, easements are governed by the Property Law Act 2007 and must be registered with the official land registry to have legal effect against future owners.
Common Types of Easements in NZ
🚗 Right of Way
The most common easement in NZ. Grants access across one property to reach another — typically a shared driveway. The dominant tenement (benefiting property) has the right to pass; the servient tenement (burdened property) must keep the way clear.
🔧 Services Easement
Allows pipes, cables, or drainage infrastructure to run through a property. Common in subdivisions where utilities cross multiple lots. Includes water, sewage, stormwater, power, and telecommunications.
💧 Drainage Easement
Specifically for stormwater or wastewater drainage across a property. Often required by councils as a condition of subdivision or building consent.
🏗️ Party Wall Easement
Where two buildings share a common wall (like terraced houses), a party wall easement defines maintenance responsibilities and rights for each owner.
How Easements Appear on Your Title
When you order a Record of Title, easements appear in the encumbrances section. You'll see entries like:
The instrument number refers to the registered document that contains the full terms of the easement. To understand exactly what the easement allows or restricts, you need to order the instrument separately.
💡 Good to know:
There are two types of easements: Easements appurtenant benefit a specific neighbouring property, while Easements in gross benefit a person or organisation (like a council or utility company) rather than a specific property.
How Easements Affect Property Value
Easements can significantly impact property value and development potential:
Can Easements Be Removed or Changed?
Yes, but it's not straightforward. Easements can be:
Surrendered — If the benefiting party agrees to give up the easement, both parties can register a surrender with the official land registry.
Varied — The terms can be modified by agreement between the parties, registered as a variation of the original instrument.
Extinguished by court order — Under section 317 of the Property Law Act 2007, the High Court can modify or extinguish an easement if it's no longer necessary or reasonable.
Due Diligence: Checking Easements Before You Buy
Every property buyer should check for easements as part of their due diligence. Here's what to order:
🔍 Check Easements on Any NZ Property
Order the title and instruments to see all registered easements
Order Your Search →Certificate of Title NZ is an independent service providing property title searches from New Zealand's official land registry.