A right of way gives defined access over land, but the physical driveway does not by itself prove the legal route or the full rights and duties. Check the current record, registered easement instrument and relevant plan together to identify who benefits, who is burdened, permitted use, maintenance obligations and restrictions.
A right of way is one of the most common types of easements registered on property titles in New Zealand — and one of the most misunderstood. Whether you're buying a property with a right of way over it, or you're the benefiting owner who needs access across a neighbour's land, understanding what this means for your title is essential before you proceed.
This guide explains what right of way easements are, how they appear on a New Zealand property title, what rights and obligations they create, and how to check whether a property you're interested in has one.
What Is a Right of Way Easement?
A right of way easement is a registered legal right that allows one party to pass over another party's land for a specific purpose — most commonly for vehicle or pedestrian access. In New Zealand property law, right of way easements are typically created when:
- A rear section is landlocked and must cross a front section to reach the street
- A shared driveway services multiple properties
- A property developer creates a new lot with no direct road frontage
- A neighbour needs access across your land to reach their property
Once registered on the title, a right of way easement runs with the land — meaning it continues regardless of who owns the properties. If you buy a property burdened by a right of way, you take on that obligation.
Check Easements Before You Buy
Right of way easements are registered on the property title. Get the official record to see exactly what's registered:
- Record of Title with Diagram — shows all registered easements, covenants, and interests
- Instruments — copies of the actual easement documents registered on the title
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How Right of Way Easements Appear on the Title
When you order a Record of Title, right of way easements are listed in the "Encumbrances, Liens and Interests" section. You'll typically see an entry such as:
"Right of Way appurtenant to lot X DP XXXXX created by Easement Instrument XXXXXXX"
To understand the full terms — including the width of the right of way, permitted uses, maintenance obligations, and hours of access — you'll need to order a copy of the underlying Easement Instrument. The Record of Title references the instrument but doesn't reproduce its full terms.
The Two Types of Properties Involved
Every right of way easement involves two types of land:
- The servient tenement — the land that is "burdened." The owner must allow the easement holder to pass over their land.
- The dominant tenement — the land that "benefits." This is typically the landlocked or rear section that needs access.
Your Record of Title will indicate which position your property is in — whether the easement runs over your land (burden) or whether you hold the right to use it (benefit).
What Are Your Rights and Obligations?
If Your Property Is the Servient (Burdened) Title
As the burdened property owner, you must allow the easement holder to use the right of way for its stated purpose, avoid obstructing it with fencing, gates, or structures without consent, and contribute to maintenance costs if the easement instrument specifies shared responsibility.
If Your Property Is the Dominant (Benefiting) Title
As the benefiting property owner, you have the right to use the right of way for its stated purpose at all reasonable times and to take reasonable steps to maintain the accessway. You cannot, however, use the easement for purposes beyond those specified — for example, a pedestrian right of way cannot be used for vehicle access.
Shared Driveways and Maintenance
One of the most common disputes involving right of way easements in New Zealand concerns shared driveways. When multiple properties share a single driveway, the easement instrument typically specifies how maintenance costs are divided (usually equally), who organises repairs, and what standard the driveway must be maintained to.
If the easement instrument is silent on maintenance, the law implies a reasonable obligation on both parties. Disputes often arise when the surface deteriorates and neighbours disagree on responsibility. Checking the Easement Instrument before buying a property is the best way to understand exactly what you're taking on.
Can a Right of Way Easement Be Removed?
A right of way easement can only be removed by:
- Agreement between both parties — both the dominant and servient owners must consent, and the removal must be formally registered
- Court order — under section 317 of the Property Law Act 2007, a court can modify or extinguish an easement if it is no longer reasonably necessary or if the purpose for which it was created no longer exists
- Unity of title — if one person or entity comes to own both properties, the easement merges and ceases to exist
Attempting to block or interfere with a registered right of way without formal removal is a breach of the easement and can result in injunctions and damages claims.
How to Check if a Property Has a Right of Way
There are two key documents to obtain when checking for right of way easements:
- Record of Title with Diagram — confirms whether any easements exist and their registration numbers. The title diagram (deposited plan) often shows the physical location and dimensions of the right of way on the land.
- Easement Instrument — provides the full legal terms of the easement, including permitted uses, maintenance obligations, and any restrictions.
If you're conducting full due diligence before purchase, the Pre-Purchase Package includes the Record of Title, deposited plan, and all key instruments — everything you need in one order.
Right of Way vs Other Easement Types
New Zealand property titles can carry several types of easements. A right of way is specifically for access across land. Other common easement types include a drainage easement (the right to run a drain or stormwater pipe across a neighbour's land), the right to convey electricity or telecommunications (utility companies running lines across private property), and an easement in gross (an easement that benefits a particular person or entity rather than another piece of land, such as a utility company easement).
All of these appear in the encumbrances section of the Record of Title and should be investigated before purchase.
Practical process
- Identify the right of way entry and the benefited and burdened titles on the current records.
- Read the registered instrument and plan for route, width, users, purpose, gates, parking and maintenance wording.
- Inspect the actual access and investigate any obstruction, informal arrangement, damage or mismatch before committing.
Decision guide
| Situation | Next step |
|---|---|
| You are buying land burdened by the access | Check the permitted users and activities, maintenance burden and effect on privacy, parking and development. |
| You rely on the access to reach the property | Confirm the right benefits the correct title and covers the access needed for ordinary and proposed use. |
| The driveway, gates or use differ from the documents | Obtain legal and surveying advice before treating the informal position as secure. |
Common mistakes and risks
- Assuming a shared driveway automatically creates equal legal rights.
- Ignoring whether the property benefits from or is burdened by the easement.
- Waiting for a dispute before reading the maintenance and use terms.
Key takeaways
- Read the title, instrument and plan as one evidence set.
- Check both access rights and ongoing obligations.
- Investigate physical and documentary inconsistencies before purchase or development.
Sources and related guides
The Property Law Act sets out rights commonly implied in vehicular rights of way and the court framework for enforcement, modification and extinguishment.
Official sources
Continue your research
Legislation and guidance reviewed 2026-09-28. This guide is general information, not legal or surveying advice.
Frequently Asked Questions
Does a right of way easement affect property value?
It depends on your position. If your property benefits from a right of way easement (you're the dominant title), it typically has no negative effect and may be essential for access. If your property is burdened by a right of way — especially a busy shared driveway — some buyers perceive this negatively. Always check what the easement involves and how it's used in practice before drawing conclusions.
Can I put a gate across a right of way?
Only if the easement instrument expressly permits it or both parties agree. Erecting 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 — check the Easement Instrument for the specific terms.
What documents do I need to check a right of way easement before buying a property?
Order a Record of Title with Diagram to confirm whether an easement exists and see its approximate location. Then order the Easement Instrument to read the full terms. Together, these two documents give you a complete picture of what you're buying.