Understanding Easements on New Zealand Property Titles

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

Easement Type Purpose Common In
Right of Way Access across another property to reach your own Rural properties, rear sections
Drainage Right to run stormwater or sewage pipes through land Subdivisions, sloping sites
Water Supply Right to run water pipes across neighbouring land Rural, lifestyle blocks
Power/Telecommunications Right for utility lines to cross land All property types
Party Wall Shared wall between adjoining buildings Townhouses, commercial

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:

Easement in Gross — Right of Way — Instrument 12345678.1

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:

  • Access — Right of way for rear lots that don't front a public road
  • Services — Drainage, water, and power easements for shared infrastructure
  • Stormwater — Overland flow paths and pipe easements for flood management
  • Council services — Easements in favour of the local authority for public infrastructure

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:

  • By agreement — All parties consent to a surrender or variation, which is then registered
  • By court order — Under the Property Law Act 2007, the High Court can modify or extinguish easements that are no longer necessary or are unreasonably burdensome
  • By merger — If one person acquires both the dominant and servient land, the easement may be extinguished

Frequently Asked Questions

Can I fence off an easement area?

Generally no. Fencing that obstructs an easement — such as blocking a right of way — would be a breach of the easement terms. Check the instrument document for specific conditions.

Do I have to let my neighbour drive across my property?

If a right of way easement is registered on your title in their favour, yes. The easement is a legally binding interest that you must respect. However, the use must be within the terms of the easement — they can't use it for purposes not specified in the instrument.

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

Order a Record of Title ($42.90) to see all registered interests including easements. Then order the specific instrument documents ($39.90 each) for the full terms and conditions.

🔍 Check Easements on Any NZ Property

Order a Record of Title and instrument documents to understand your rights

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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.

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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.

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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.

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