Easements are one of the most common interests registered on New Zealand property titles — and one of the most important to understand before buying. This guide explains what easements are, how they affect your property rights, and how to check for them.
What Is an Easement?
An easement is a legal right that allows someone to use part of another person's land for a specific purpose. The easement is registered on the property title and runs with the land — meaning it stays in place regardless of who owns the property. Easements involve two parties:
🏠 Dominant Tenement (Benefiting Property)
The property that benefits from the easement — for example, the property that has the right to use a shared driveway across a neighbour's land.
🏡 Servient Tenement (Burdened Property)
The property that must allow the easement — the land the driveway crosses. The owner cannot block or interfere with the easement holder's rights.
Common Types of Easements in New Zealand
How Easements Appear on Your Title
When you order a Record of Title, easements appear in two ways:
As "subject to" entries — these are easements burdening your property (you must allow others to use part of your land).
As "appurtenant" or "together with" entries — these are easements benefiting your property (you have rights over part of someone else's land).
Each easement references a registered instrument number. To understand the full terms and conditions — including maintenance responsibilities, restrictions, and the exact area affected — you'll need to order a copy of that instrument.
💡 Good to know:
You can order copies of easement instruments from Certificate of Title NZ for just $39.90 NZD. This gives you the full legal text of the easement, including any conditions or maintenance obligations.
Why Easements Matter When Buying Property
- 🚩Building restrictions — A drainage easement across your backyard could prevent you from building an extension or pool
- 🚩Shared access — A right of way means neighbours or utility workers may have legal access to cross your property
- 🚩Maintenance costs — Many easements include shared maintenance obligations for driveways, pipes, or retaining walls
- 🚩Subdivision limitations — Existing easements can complicate or prevent future subdivision plans
Can Easements Be Removed or Changed?
Easements can be modified or removed, but it's not always straightforward:
By agreement: If both the dominant and servient owners agree, the easement can be surrendered and removed from both titles.
By court order: Under the Property Law Act 2007, a court can modify or extinguish an easement if it's no longer necessary, if the character of the land has changed, or if continuing it would be unreasonable.
By expiry: Some easements (particularly those created by resource consent) have a specified term and expire automatically.
Your Due Diligence Checklist
Frequently Asked Questions
🔍 Check for Easements on Your Property
Order a Record of Title and instrument copies 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.