Easements are one of the most common interests registered on New Zealand property titles. Whether you're buying, selling, or developing land, understanding what easements mean — and how they affect your rights — is essential.
What Is an Easement?
An easement is a legal right that allows someone other than the landowner to use a specific part of their property for a defined purpose. Easements are registered on the Record of Title and "run with the land" — meaning they remain in force regardless of who owns the property.
There are always two properties involved in an easement:
📋 Dominant Tenement
The property that benefits from the easement. The owner of this land has the right to use the easement.
🏠 Servient Tenement
The property that is burdened by the easement. The owner must allow the easement holder to exercise their rights.
Common Types of Easements in New Zealand
How Easements Appear on Your Title
When you order a Record of Title from the official land registry, easements appear in the Schedule of Interests section. You'll see entries like:
The title will show whether your property benefits from (appurtenant) or is subject to (burdened by) the easement. To understand the full terms and conditions, you'll need to order the instrument document referenced on the title.
💡 Important:
The title only tells you an easement exists — not the specific terms. Order the instrument document ($39.90) to see the full easement agreement, including maintenance responsibilities, access hours, and any restrictions.
How Easements Affect Property Value
Easements can significantly impact property value and what you can do with your land:
⚠️ Building Restrictions
You generally cannot build over an easement area. A right of way across your back yard, for example, limits where you can place structures, pools, or landscaping.
🔧 Maintenance Obligations
The easement instrument often specifies who is responsible for maintaining the easement area — such as a shared driveway or drainage system. These costs can be ongoing.
✅ Access Benefits
If your property is the dominant tenement, an easement guarantees your access rights — which is essential for landlocked or rear sections that would otherwise have no legal access.
Easements and Subdivisions
If you're planning to subdivide your property, easements play a critical role. Council will typically require easements for:
These easements are created as part of the subdivision consent process and registered on the new titles before they are issued by the official land registry.
Can Easements Be Removed?
Easements can be removed or varied, but the process depends on the type:
Frequently Asked Questions
🔍 Check Easements on Any NZ Property
Order a Record of Title and instrument documents to understand your rights
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