Easements are one of the most important — and most misunderstood — features of property titles in New Zealand. Almost every Record of Title mentions one. If you're buying, building, subdividing or simply trying to work out what your neighbour is allowed to do, you need to know which easements are registered against the land, what rights they grant, and what obligations they impose. Getting this wrong is expensive.
Which document should you order?
- Record of Title Current with Diagram: start here to confirm current ownership, legal description and registered interests.
- Instruments Document: order this if the title lists a covenant, easement, consent notice or other instrument and you need the full terms.
- Cadastral Survey Plan: use this if you need boundary, lot layout or plan details.
This is the complete guide: what easements are, the exact wording they use on a New Zealand title, every common type (right of way, drainage and stormwater, power and utility, easement in gross), how to check for them step by step, what they mean for building and value, and how removal actually works. If you already know the address, you can run a property title search by address on our home page and have the official record emailed to you.
What Is a Property Easement?
An easement is a legal right that allows someone to use part of another person's land for a specific purpose, even though they don't own it. It is a right of use, not a right of possession — the easement holder never owns the strip of land, they simply have a registered right to do something on it.
Easements in New Zealand run with the land. They stay attached to the title when the property changes hands, and they continue to benefit every future owner of the land that holds the benefit. This is why checking before you buy matters so much: you inherit whatever was registered before you, whether or not anyone mentioned it.
Burden and Benefit: the Two Sides of Every Easement
Every easement (with one exception, covered below) involves two pieces of land. New Zealand titles use both the modern and the older terminology, so you'll see all four words:
| Current term | Older term | What it means |
|---|---|---|
| Burden tenement | Servient tenement | The lot that owns the land the easement runs over. This owner must allow the use. |
| Benefit tenement | Dominant tenement | The lot that holds the right to cross, drain through, or otherwise use the other land. |
Working out which side your property is on is the single most useful thing you can do with a title, because it decides whether an easement is a restriction on you or an asset you rely on.
How Easements Appear on a Record of Title
Easements are registered against the title and appear in the "Encumbrances, Liens and Interests" section (some titles label it "Interests"). Each entry carries an instrument number — for example "Easement 123456.1" — which points to a separate registered document holding the full terms.
The Exact Wording, Decoded
The phrasing on a title is old-fashioned and easy to misread. This is what each expression actually tells you:
| What you'll see on the title | What it means |
|---|---|
| "Appurtenant hereto…" / "Together with…" | Your property is the benefit tenement. You hold a right over someone else's land. "Appurtenant" simply means "attached to this land" — the right belongs to the lot, not to a person, so it passes to you when you buy. |
| "Subject to…" | Your property is the burden tenement. Someone else holds a right over your land, and you must allow it. |
| "Easement as to…" | General easement notation, usually followed by the type (right of way, drainage, right to convey electricity) and the instrument number. |
| "Easement in gross…" | An easement with a burden tenement but no benefit tenement — the right belongs to a person or organisation, typically a utility. See the dedicated section below. |
The title tells you that an easement exists and roughly what kind it is. It does not tell you what the easement actually permits. For that you need the instrument.
Step-by-Step: How to Check for Easements
Step 1: Get the Current Record of Title
Start with a Record of Title search ($42.90). This gives you the current title document showing all registered interests, including every easement listed in the encumbrances section, with the instrument reference number for each one.
A real estate listing is not a substitute. Easements are registered legal instruments; agents are not required to list them and frequently don't. If you need a certified, Crown-guaranteed version for a lender, court or settlement, order a Guaranteed Search ($45.90) instead.
Step 2: Review the Diagram
The Record of Title includes a diagram showing the shape of the section. On many titles the easements are drawn on it — hatched lines or shaded strips showing roughly where a right of way or drainage easement crosses the land.
Compare that against anything you plan to build, extend or plant. This single comparison catches most easement problems before they cost money.
Step 3: Order the Easement Instrument
This is the step most people skip, and it's the one that decides outcomes. The Instruments search ($39.90) retrieves the actual registered document, which sets out:
- Who holds the easement right
- Exactly what they're permitted to do, and at what times
- The width and dimensions of the easement area
- Whether the land owner can restrict or limit use
- Maintenance obligations and how costs are shared
- Whether the easement is exclusive or shared
Two easements can look identical on a title and carry completely different terms. One may contemplate structures with written approval; another may prohibit them outright. You cannot tell from the title line, and you cannot tell from the diagram.
Step 4: Check the Survey Plan
For right of way and drainage easements in particular, a Survey Plan ($49.90) shows the precise location, dimensions and legal boundaries of the easement area. Order it whenever you're planning development, or whenever there's any ambiguity about where the easement actually runs.
The Common Types of Easement in New Zealand
- Right of way — allows someone to pass over your land to reach their property. Very common with rear and landlocked sections.
- Drainage and stormwater — the right to run stormwater or wastewater pipes under your land, and to come on to the land to maintain them.
- Right to convey electricity / telecommunications — power or data cables crossing the property, overhead or underground.
- Water — the right to draw water or run water pipes across the land.
- Gas pipeline — protects buried gas infrastructure, usually with a strict no-excavation buffer.
- Party wall — common in townhouses and semi-detached homes: rights to use a shared wall for support, plus obligations to maintain your portion and not damage the structure.
- Light and air — less common, protecting natural light to windows or airflow. True view easements are rare in New Zealand.
- Easement in gross — an easement benefiting a person or organisation rather than neighbouring land.
Easement in Gross: the One With No Benefit Tenement
An easement in gross is a registered right for a party to carry out an activity on, or pass over, someone's land where there is no benefit tenement at all — only a burden tenement. The right belongs to an entity rather than to a neighbouring lot.
In practice, easements in gross in New Zealand almost always relate to public utilities: electricity supply, water supply, drainage and telecommunications. A lines company or council holds the right to keep infrastructure in place and to access it, and there is no "other section" that benefits.
Like every other easement, an easement in gross is not a possessory right. The utility does not own that strip of your land. It holds a defined right to use it, and the limits of that right are in the instrument.
Right of Way Easements in Detail
Right of way easements are the most common type on New Zealand titles and generate the most disputes. They are usually created when a rear section is landlocked, when a driveway serves several properties, or when a developer creates a new lot with no road frontage.
A typical title entry reads: "Right of Way appurtenant to Lot X DP XXXXX created by Easement Instrument XXXXXXX".
If Your Property Carries the Burden
- You must allow the easement holder to use the right of way for its stated purpose, at all reasonable times
- You must not obstruct it — no fences, gates or structures blocking access without consent
- You may have to contribute to maintenance if the instrument says so
If Your Property Holds the Benefit
- You may use the right of way for its stated purpose, and take reasonable steps to maintain the accessway
- You may not use it beyond what's specified — a pedestrian right of way does not allow vehicles
Shared Driveways and Maintenance
Shared driveways are the single most common easement scenario in New Zealand residential property. One property usually owns the driveway land; the other holds a right of way across it. The instrument will normally specify how maintenance costs are divided (often equally), who organises repairs, and the standard the surface must be kept to. Where the instrument is silent, the law implies a reasonable obligation on both parties — which is exactly where arguments start once the surface deteriorates.
Other recurring flashpoints: whether you can park on the shared area, whether you can store anything on it, and whether either party can install a gate. A locked gate that prevents the easement holder's access is a breach of the easement. Some instruments allow gates that are kept unlocked or provide for shared keys — the only way to know is to read the instrument ($39.90).
Stormwater and Drainage Easements in Detail
New Zealand towns and cities grew gradually, and when stormwater and wastewater networks were built the most practical route for pipes often crossed private land. Rather than buying the land, councils and developers took easements over those routes. That's why it is completely normal for an established suburban property to have a council pipe running beneath the garden, the driveway, or even the house.
The easement doesn't stop you owning or occupying the land. It restricts what you can put over the corridor:
- No permanent structures. A house, deck, garage or retaining wall over the easement strip normally needs the holder's consent — and in many cases consent simply won't be granted.
- Limited planting. Deep-rooted trees and large shrubs over a pipe can be required to be removed if they interfere with the infrastructure.
- Access rights. The holder — usually the council — can enter, excavate and repair, sometimes with little notice. They generally must reinstate the surface, but your garden or driveway will be disrupted.
- Subdivision constraints. An easement corridor can cut through proposed lots in a way that kills the viability of a development.
Where the Easement Benefits a Neighbour, Not the Council
Sometimes a drainage easement is in favour of an adjoining property, because that property's stormwater has to cross your land to reach the street or a watercourse. That neighbour has a registered right to discharge water through your land. If their system fails or floods you, responsibility depends on the wording of the specific instrument — another reason to read it rather than assume. This matters most in hilly and low-lying areas.
Pipe Condition Is Worth Asking About
Old clay and cast-iron pipes can collapse, and a collapse under your section can cause subsidence. If a council pipe crosses the property, it is fair to ask the council's infrastructure team about the age and condition of that line before you commit.
Power Line and Utility Easements in Detail
New Zealand's electricity network crosses millions of hectares of private land. Transmission lines (operated by Transpower) and local distribution lines (operated by regional lines companies) cross farmland, lifestyle blocks, suburban sections and commercial property throughout the country.
Utility rights arise in three different ways, and only the first is visible on your title:
- Registered easements — formally registered and shown on the Record of Title. These bind every future owner.
- Statutory authority — some utilities hold rights under legislation such as the Electricity Act 1992 that exist without any registered easement.
- Historic agreements — older properties may have informal arrangements predating modern land registration.
A typical power line easement specifies the width of the corridor (for example 10 metres either side of the line centreline), what the lines company may do inside it, what the landowner may not do, and how access works. Transpower's high-voltage transmission corridors are much wider — sometimes 40 to 60 metres across — and create serious building and planting restrictions.
What You Can and Can't Do Under Power Lines
The instrument governs, but the general pattern for power line corridors is:
| Typically prohibited | Generally permitted |
|---|---|
| Planting trees that can grow into the lines | Grazing livestock |
| Buildings, sheds and structures | Low-growing crops and pasture |
| Swimming pools and large water features | Mowing and lawn maintenance |
| Heavy machinery near the corridor without approval | Driveway access that needs no excavation |
| Storing flammable material under high-voltage lines |
Properties under or near high-voltage lines must also comply with the Electricity (Hazards from Trees) Regulations 2003, which set tree clearance distances and require landowners to notify the line owner before planting certain species within specified distances. Transpower publishes corridor maps, which are worth checking alongside the title for rural properties.
Telecommunications, Water and Gas
Chorus and other telecommunications providers hold rights to install and maintain cables across private land; these are generally less restrictive than power easements but do limit excavation near cable routes. Councils commonly hold easements for water mains. Gas pipeline easements typically prohibit excavation, heavy machinery and construction within a defined buffer.
Rural and Lifestyle Blocks
Rural and lifestyle titles often carry several easements at once — power lines, water race rights, access for neighbouring farms, telecommunications cables. Together they can dictate where a house or sleepout can go, what you can plant (an orchard block under power lines is a real problem), whether you can subdivide later, and how much coordination with neighbours the property will demand. On a rural title, retrieving the full text of every registered instrument is not optional.
What Easements Mean for Building and Development
Building consent and easements are separate questions that meet in the same application. The consent authority looks at what is registered on the title. If your plans put a structure over a registered easement without evidence that the beneficiary has agreed, expect a request for further information at best, and a redesign at worst.
| Easement type | Typical restriction |
|---|---|
| Right of way | No structures that block or narrow access |
| Drainage / stormwater | No building over pipes; must allow access for maintenance |
| Power lines | Height limits; no buildings within a set distance; planting restrictions |
| Water and gas | No excavation or heavy machinery inside the buffer |
| Overland flow paths | Cannot redirect the natural flow of water |
Who has to agree changes the whole timeline. A neighbour means a conversation and something in writing. A council means a formal application and a wait — and some councils will not approve a permanent structure over their drainage at all, preferring the line to be relocated at your cost. A network utility means their process, their standards, their timeframe. None of these are quick, and all of them are cheaper before you commit to a design. Work affecting drainage or access may also need resource consent, and utility easements may require an engineering assessment.
Easements That Don't Appear on the Title
The title records registered easements. Several things can affect your land without appearing there:
- Unregistered or informal easements. On older properties, council stormwater infrastructure was sometimes laid across private land without a formal easement ever being registered. The pipe is there and has been used for decades; the title shows nothing. Councils may still assert a right to access and maintain it.
- Old drainage rights shown only on council maps. Some appear on district, city or unitary plan maps rather than on individual titles.
- Common law and general easements. Rights such as protection against undermining a neighbour's land exist at law and are not registered against individual titles.
- Prescriptive or historical rights. Long use can create arguments about access even without registration.
- Rights of way not drawn on the title. Not every accessway appears on the title diagram — the survey plan is often the better source.
A Land Information Memorandum (LIM) from the council fills most of these gaps. LIMs typically show known stormwater and wastewater infrastructure on or near the property, flooding and inundation history, and overland flow paths. A Record of Title plus a survey plan plus a LIM is the most complete picture available to a buyer.
Do Easements Affect Property Value?
It depends entirely on type, location and practical impact:
- Minor utility easements along a boundary rarely affect value at all.
- Underground water, gas and telecoms generally have minimal impact unless they cross a development area.
- Wastewater easements are common in urban properties and mainly restrict decking, extensions and structures over the pipe route.
- Local distribution lines are usually priced into the market unless they cross the building platform directly.
- High-voltage transmission corridors can cut the developable area significantly and are often reflected in a lower market value. Some lenders restrict lending on properties where transmission lines cross the building platform.
- A busy right of way through the front or middle of a section is the one buyers react to most. If your property holds the benefit instead, the same easement is usually essential rather than negative.
Can an Easement Be Removed or Changed?
Yes, but not easily, and not by the burdened owner alone. Most New Zealand easements are created "in perpetuity" — they do not expire unless formally surrendered or removed.
When Removal Is Realistic
- The easement is no longer used or needed. Classic example: a right of way to a rear section that now has its own road frontage.
- Both parties agree. The simplest path by far.
- It was registered in error. A surveying or documentation mistake can be corrected with a statutory declaration and supporting evidence.
- The benefiting land has been redeveloped so the easement no longer serves any purpose.
- Unity of title. If one owner comes to own both properties, the easement merges and ceases to exist.
- A fixed term has expired. Some easements were created for a set period. The registration still has to be formally removed before the title is updated.
The Process
- Get the current title. Order a Record of Title with Diagram ($42.90) to confirm the exact registered interests and reference numbers.
- Identify the holder. A neighbour is straightforward. A council or utility is a different conversation.
- Negotiate a surrender. The benefiting party formally gives up the right, both parties sign, and the instrument is lodged with the land registry. A conveyancing lawyer prepares this.
- Court application, if agreement fails. Under section 317 of the Property Law Act 2007 the High Court can modify or extinguish an easement — weighing whether it is still used, whether it still provides a practical benefit, the impact on the benefiting owner, whether compensation is appropriate, and how the character of either property has changed.
- Register the removal. Nothing changes on the title until the surrender or court order is registered.
A limited alternative exists through application to the Registrar-General of Land where an easement clearly no longer serves its purpose. Variation — for example relocating a right of way rather than removing it — follows the same logic: agreement from all parties with a registered interest, then registration of a new instrument.
Realistic Cost and Timeframe
- Surrender by agreement: legal fees typically $1,500–$3,000 plus registration, completed in about 4–8 weeks.
- Court application: $5,000–$20,000 or more depending on complexity and whether it is contested, and 6–18 months.
- Before spending any of that: a Record of Title ($42.90) and the instrument ($39.90) tell you whether you have a case at all.
Which Easements Almost Never Come Off
Drainage and stormwater easements serving public infrastructure are close to immovable — even an apparently unused pipe may be part of the council's future network. Utility easements are rarely surrendered because the infrastructure isn't going anywhere. Right of way easements come off only where access genuinely is no longer needed. The safe planning assumption is that an easement is permanent: don't buy expecting to remove an inconvenient one later.
Easements vs Covenants: What's the Difference?
Both are registered interests that affect how you use your land, and both sit in the encumbrances section of the title, but they work in opposite directions:
- Easements grant a positive right to use land — "you may cross my property".
- Covenants impose a restriction on what you may do — "you may not build above two storeys".
If you see a covenant registered against a property you're considering, the same Instruments search ($39.90) retrieves its full terms.
What to Do If You Find an Easement
Don't Panic — Easements Are Normal
Most New Zealand properties have at least one. Drainage and utility easements are extremely common and usually have little practical effect on day-to-day ownership.
Assess the Practical Impact
- Where exactly does it run, and does that clash with anything you plan to build or plant?
- How often is it likely to be used in practice?
- Who maintains the easement area, and at whose cost?
- Does current use on the ground match the registered rights?
- Would it affect a future extension, garage, pool or subdivision?
Walk the property with the survey plan in hand. A mismatch between what's registered and what's happening on site is worth investigating before you sign, not after.
Get Legal Advice, Then Negotiate If You Need To
Have your solicitor review the instrument. If an easement materially affects the use or value of the land, you may be able to negotiate the price, or ask the vendor to arrange a surrender or variation before settlement. We supply the official record; we don't give legal advice — but the conversation with your lawyer is far cheaper when it starts from the registered facts.
The Pre-Purchase Package: Check Everything at Once
If you're serious about a property and want the full picture before committing, our Pre-Purchase Diligence Package ($189.90) includes the current Record of Title, the survey plan and the key instrument documents in one order — the most complete way to check easements, covenants and any other registered interest before you sign.
Frequently Asked Questions
How do I find out who has the benefit of an easement on my property?
The easement instrument names both sides — the benefit (dominant) tenement and the burden (servient) tenement. Order the Instruments document ($39.90) using the reference number shown on the title. It will name the parties and set out the full terms.
Can I remove an easement without the other party's consent?
It's possible but difficult. You would need to apply to the High Court under section 317 of the Property Law Act 2007 and prove the easement is no longer used or provides no practical benefit. The process is expensive with no guarantee of success. Always try to negotiate a surrender first.
How long does it take to remove an easement in New Zealand?
If both parties agree, a surrender of easement usually takes 4–8 weeks including document preparation, signing and registration. A contested court application can take 6–18 months.
Will removing an easement increase my property value?
It can, particularly where the easement restricts development potential or usable land area. But removal costs may exceed the value gained — worth checking with a registered valuer before you start.
Can I build a deck over a stormwater easement?
Generally no, not without written consent from the easement holder, usually the council. Permanent structures over the corridor interfere with maintenance access and may breach the easement conditions. Some councils allow lightweight removable structures in specific circumstances, but always check first.
Can I build a fence or put a gate across a right of way?
Only if the instrument expressly permits it or both parties agree. A fence or locked gate that obstructs the easement's purpose is a breach and can lead to an injunction and damages. Some instruments allow gates kept unlocked or provide for shared keys — check the terms.
Who maintains a right of way easement?
The instrument should say. Costs are often shared proportionally between users, but arrangements vary: some place all maintenance on the benefiting party, others split it equally. Where the instrument is silent, the law implies a reasonable obligation on both parties.
Who is responsible for maintaining a drainage pipe on my property?
If it's a council-owned pipe covered by an easement, the council maintains and repairs it. If it's a shared private system benefiting a neighbour, the instrument defines the responsibilities. Check the documents, and take legal advice if the wording is unclear.
Do I have to let the power company onto my land?
If there is a registered easement granting access, yes — for the purposes specified, typically inspection, maintenance and repair. The easement usually sets notice requirements, except in emergencies. Some utilities also hold statutory rights under legislation such as the Electricity Act 1992, which exist without a registered easement.
Am I compensated for an easement on my land?
Historic New Zealand easements were often granted for a nominal one-off payment, sometimes as little as $1. Some more recent easements include annual compensation or a licence fee. The registered instrument shows what, if anything, was agreed. For longstanding easements, ongoing payments are uncommon.
What if someone is exceeding their easement rights?
You may have legal remedies if the holder goes beyond what the registered instrument allows — for example driving vehicles over a right of way granted for pedestrian access only. The instrument is the evidence you'd rely on.
Are all easements registered on the title?
No. Registered easements appear on the Record of Title, but unregistered council pipes, old drainage rights shown only on council plan maps, common law rights and prescriptive claims can all exist without appearing there. A LIM report and a physical inspection cover the gaps.
How do I find out if there's a pipe under my property that isn't on the title?
Request a LIM report from your local council — it includes known infrastructure, including informal or unregistered pipes. You can also contact the council's infrastructure team, or have a licensed surveyor or drainage consultant assess the property. A Record of Title ($42.90) and Survey Plan ($49.90) give you the registered picture; the LIM fills in the rest.
