Understanding Easements on New Zealand Property Titles

Easements are one of the most common interests registered on New Zealand property titles — yet many buyers don't fully understand what they mean. This guide explains the different types of easements, how they affect your property rights, and why checking for them before you buy is essential.

What Is an Easement?

An easement is a legal right that allows someone other than the property owner to use a specific part of their land for a defined purpose. Easements are registered on the property's Record of Title and "run with the land" — meaning they remain in force regardless of who owns the property.

There are two sides to every easement:

🏠 Dominant tenement (benefits)

The property that benefits from the easement — for example, the property that uses a right of way across a neighbour's land.

📋 Servient tenement (burdened)

The property over which the easement runs — the one that must allow access or use by the dominant property.

Common Types of Easements in New Zealand

Easement Type Purpose Common Situations
Right of Way Vehicle or pedestrian access across land Rear sections, shared driveways, landlocked properties
Drainage Stormwater or wastewater pipes across land Downhill properties draining through uphill ones
Services Power, water, or telecommunications lines Infrastructure servicing back sections
Party Wall Shared wall between two properties Townhouses, semi-detached homes
Light and Air Protection of natural light or views Less common but can restrict building height

How Easements Appear on Your Title

When you order a Record of Title, easements appear in the Schedule of Interests section. You'll typically see entries like:

Easement in Gross – Right of Way – Instrument 12345678.1

The instrument number is the key to understanding the full details. By ordering the instrument document, you can read the exact terms — including the area covered, any maintenance obligations, and specific conditions.

💡 Good to know:

A Record of Title shows that an easement exists, but the Instrument document contains the full legal details. For due diligence, you'll often need both. Instruments are available from $39.90 through our service.

How Easements Can Affect Property Value

💰 Building restrictions

Easements can prevent you from building where you planned. A drainage easement across your backyard, for instance, means you can't place a structure over the pipe route.

💰 Maintenance obligations

Some easements include shared maintenance costs — like keeping a right of way driveway in good condition. These ongoing costs should factor into your purchase decision.

💰 Privacy and access

A right of way across your property means others have a legal right to cross your land. Consider the practical impact on privacy and day-to-day living.

Can Easements Be Removed or Changed?

Easements can be modified or cancelled, but it's not straightforward. Options include:

  • Agreement — Both dominant and servient owners agree to cancel or vary the easement
  • Court order — Under the Property Law Act 2007, the High Court can modify or extinguish easements in certain circumstances
  • Merger — If one person acquires both the dominant and servient properties, the easement may be extinguished

Frequently Asked Questions

How do I find out what easements are on a property?

Order a Record of Title — it lists all registered easements in the Schedule of Interests. For full details of any easement, order the corresponding Instrument document using the reference number shown on the title.

Can I build over an easement?

Generally no. Building over an easement can breach its terms and may need to be removed at your cost. Always check the instrument details and consult your solicitor before planning any construction near an easement area.

Do easements expire?

Most easements are perpetual and don't have an expiry date. Some may be for a fixed term, but this is less common. Check the instrument for specific terms.

Service Price Best For
Record of Title with Diagram $42.90 See what easements exist
Instruments (Documents) $39.90 Read full easement details
Pre-Purchase Package $189.90 Complete due diligence bundle

🔍 Check for Easements on Any NZ Property

Record of Title from $42.90 — Instruments from $39.90

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Record of Title with Diagram

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Electronic property title record, showing current proprietor, legal description, registered rights and restrictions (mortgage, easement, covenant). Includes a plan or diagram of the land.

$42.90

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Guaranteed Search

Same as current title, plus shows any documents recently lodged but not yet formally registered (e.g., a newly created covenant). Generally requested by solicitors for property transactions.

$45.90

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Historical Title

Shows all interests registered when the title was created, and since. May include scan of original paper Certificate of Title.

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Instruments

Official copies of documents registered against a title: consent notices, mortgages, easements, land covenants, and more.

$39.90

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