Easements are one of the most important — and most misunderstood — features of property titles in New Zealand. If you're buying a property, you need to know whether any easements are registered against it, what rights they grant, and what obligations they impose. Getting this wrong can be expensive.
This guide explains what easements are, how to find them on a property title, and what to do if you discover one that affects your purchase.
What Is a Property Easement?
An easement is a legal right that allows someone to use another person's land for a specific purpose, even though they don't own it. The property that benefits from the easement is called the dominant tenement, and the property that bears the burden is called the servient tenement.
Easements in New Zealand run with the land — meaning they remain attached to the title even when the property changes hands. This is why checking for easements before you buy is so important: you inherit whatever was registered before you.
Common Types of Easements
- Right of way — allows someone to pass over your land to access their property (very common with landlocked sections)
- Drainage easement — grants the right to run stormwater or wastewater pipes under your land
- Electricity / telecommunications easement — allows power or telecom cables to cross the property
- Water easement — covers the right to draw water or run water pipes across the land
- Easement in gross — an easement that benefits a person or organisation rather than neighbouring land (e.g., a utility company with the right to maintain infrastructure)
How Easements Appear on a Title
Easements are registered on the record of title and appear in the "Encumbrances, Liens and Interests" section of the document. They're typically listed with a reference number — for example, "Easement 123456.1" — which corresponds to a separate instrument document that sets out the full terms.
The title entry alone tells you that an easement exists, but it won't give you the full detail. To understand exactly what the easement allows (and restricts), you need to read the instrument document itself.
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 any easements listed in the encumbrances section.
You'll be able to see immediately whether any easements are registered, what type they are, and the instrument reference numbers for each one.
Step 2: Review the Diagram
The Record of Title includes a diagram showing the shape of the section. On many titles, easements are illustrated on the diagram — you'll see hatched lines or shaded areas indicating where a right of way or drainage easement runs across the land.
Pay close attention to where the easement is located relative to any planned buildings, extensions, or landscaping. Building over an easement can create serious legal complications.
Step 3: Order the Easement Instrument
If the title shows an easement, the next step is to read the full instrument document. Our Instruments search ($39.90) retrieves the actual registered document, which sets out:
- Who holds the easement right
- Exactly what they're permitted to do
- Whether the property owner can restrict or limit use
- Any maintenance obligations
- Whether the easement is exclusive or shared
This is the document that governs the practical reality of the easement on your land. Don't skip it.
Step 4: Check the Survey Plan
For right-of-way easements and drainage easements in particular, a Survey Plan ($49.90) shows the precise location, dimensions, and legal boundaries of the easement area. This is especially important if you're planning any development or if there's any ambiguity about where the easement runs.
What to Do If You Find an Easement
Don't Panic — Easements Are Common
Most properties in New Zealand have at least one easement. Drainage and utility easements are extremely common and typically have minimal practical impact on owners. A right of way easement requires more careful assessment, but many buyers accept these without issue.
Assess the Practical Impact
Ask yourself:
- Where does the easement run on the property?
- How often is it likely to be used?
- Does it restrict what you can build or plant?
- Who maintains the easement area, and at whose cost?
- Is the benefiting party (dominant tenement owner) likely to exercise their rights in a way that affects you?
Get Legal Advice
If you're uncertain about the implications of an easement on a property you're considering buying, have your solicitor review the instrument document. They can advise you on whether the easement is a material concern and whether any special conditions should be included in your sale and purchase agreement.
Negotiate If Necessary
In some cases, easements can be negotiated as part of the property purchase. If an easement significantly impacts the use or value of the land, you may be able to negotiate a price reduction or request that the vendor arrange for the easement to be surrendered or varied before settlement.
Easements and Building Consents
One practical issue many buyers overlook: if you want to build on or near an easement area, your local council may decline the building consent, or impose conditions to protect the easement. Always check whether any planned works — including fences, decking, garages, or extensions — will conflict with registered easement areas.
For more on how consents and title documents interact, see our guide on understanding easements on property titles in New Zealand and our article on how easements affect property titles.
Easements vs Covenants: What's the Difference?
Easements and covenants are both registered interests that can affect how you use your land, but they work differently:
- Easements grant a positive right to use land (e.g., "you may cross my property")
- Covenants typically impose restrictions on what you can do with the land (e.g., "you may not build above two storeys")
Both are shown in the encumbrances section of the record of title. If you see a covenant registered against a property you're considering, our Instruments search ($39.90) will retrieve the full terms.
The Pre-Purchase Package: Check Everything at Once
If you're serious about buying a property and want to understand 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 — giving you everything you need in one order.
It's the most comprehensive way to check for easements, covenants, and any other registered interests before you sign.
Frequently Asked Questions
Can I remove an easement from a property title?
Easements can potentially be surrendered, but only with the consent of the party who holds the benefit. This typically requires a formal legal process and the registration of a new instrument. Your solicitor can advise on whether this is feasible for a specific easement. It's not something you can do unilaterally as the land owner.
Does an easement affect the value of my property?
It depends on the type and location of the easement. A small drainage easement along the back boundary of a large section typically has minimal impact. A right of way across the front of a property giving multiple neighbours access has a more significant effect. Most buyers accept common utility easements; right of way easements require more careful consideration.
How do I find out who has the benefit of an easement on my property?
The easement instrument document identifies both the dominant tenement (benefiting party) and the servient tenement (burdened property). Order the Instruments document ($39.90) using the reference number shown on the title. This will name the parties and set out the full terms of the easement.
