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
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:
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:
Frequently Asked Questions
🔍 Check for Easements on Any NZ Property
Record of Title from $42.90 — Instruments from $39.90
Order Your Search →Certificate of Title NZ is an independent service providing property title searches from New Zealand's official land registry.