That "Minor" Easement Could Block Your Entire Building Project
You've bought the perfect section. Great location, good size, ready to build your dream home. Then you discover the "right of way easement" your lawyer mentioned runs right through your planned living room.
Easements are one of the most common — and most misunderstood — features on New Zealand property titles. They can grant your neighbours permanent legal access through your backyard. They can prevent you from ever building in certain areas. They can turn a dream property into an expensive nightmare.
The worst part? All of this is written on the Certificate of Title. But most buyers don't look until after they've signed.
Before you make an offer on any NZ property, you need to understand exactly what easements exist and how they'll affect your use of the land. This guide explains everything.
What is an Easement?
An easement is a legal right for someone other than the property owner to use a specific part of the land for a defined purpose. Easements are registered on the property's Certificate of Title and "run with the land" — meaning they continue to apply regardless of who owns the property.
Think of an easement as a permanent permission slip attached to your property. Someone else has the right to use part of your land, and that right doesn't disappear when you sell.
Common Types of Easements in New Zealand
1. Right of Way Easements
The most common type of easement, allowing others to cross your property to access their own. You'll often see these where:
- A back section needs to reach the road
- Properties share a driveway
- Access to landlocked land is required
2. Utility Easements
Allow utility companies or other properties to run services across your land:
- Water easements — pipes carrying water
- Drainage easements — stormwater or wastewater pipes
- Power easements — electrical cables (overhead or underground)
- Telecommunications easements — phone or data cables
3. Party Wall Easements
Common in townhouses and semi-detached homes where buildings share a wall. Each owner typically has:
- Rights to use the shared wall for support
- Obligations to maintain their portion
- Restrictions on damaging the shared structure
4. Light and Air Easements
Less common, but some properties have easements protecting:
- Natural light to windows
- Airflow for ventilation
- Views (though true view easements are rare)
5. Drainage Easements
Allowing water to flow naturally across properties:
- Stormwater from higher to lower ground
- Overland flow paths during heavy rain
- Natural watercourses
How Easements Appear on a Certificate of Title
When you obtain a title search, easements appear in the "Interests" section. You'll typically see:
| What You'll See | What It Means |
|---|
| "Subject to easement" | Your property carries a burden — others have rights over your land |
|---|
| "Appurtenant easement" or "Together with easement" | Your property benefits — you have rights over neighbouring land |
|---|
| Instrument number (e.g., "Easement in gross...") | Reference to the legal document containing full easement details |
|---|
Need to Read the Full Easement Terms?
Order the instrument document to see exactly what rights and restrictions apply.
Order Easement Documents — $39.90 NZDEasements: Burden vs Benefit
Understanding whether your property is burdened or benefited by an easement is crucial:
Burdened Property (Servient Land)
Your property is "subject to" the easement. This means:
- Someone else has rights to use part of your land
- You have restrictions on what you can do in that area
- You may have maintenance obligations
Benefited Property (Dominant Land)
Your property has an "appurtenant" easement. This means:
- You have rights to use part of someone else's land
- That right continues regardless of who owns the other property
- You may have obligations for maintenance or cost-sharing
How Easements Affect Property Use
Building and Development Restrictions
Easements can significantly impact what you can build. This is especially important for building consent applications and subdivision projects.
| Easement Type | Typical Restriction |
|---|
| Right of way | Cannot build structures blocking access |
|---|
| Drainage | Cannot build over pipes; may need to allow access |
|---|
| Power lines | Height restrictions; no buildings within certain distance |
|---|
| Stormwater | Cannot redirect natural water flow |
|---|
Day-to-Day Living
Living with easements means accepting:
- Others may regularly use part of your property (e.g., shared driveway)
- You may have limited landscaping options in easement areas
- Utility workers may need access for maintenance
- You can't fence off or block easement areas
Buying Property with Easements: What to Check
Before purchasing any property, conduct thorough due diligence on easements:
1. Identify All Easements
Order a Certificate of Title to see what easements are registered. Don't rely on the real estate listing — it may not mention all of them.
2. Obtain Easement Documents
The title shows easements exist but not the full details. Order the actual instruments that created each easement.
3. Understand the Terms
Easement documents specify:
- Exactly what rights are granted
- The location and dimensions of the easement area
- Any conditions or limitations
- Maintenance and cost-sharing arrangements
4. Physical Inspection
Walk the property and identify:
- Where easements physically run
- Whether current use matches the registered rights
- Any potential conflicts with your plans
5. Consider Future Plans
Think about how easements might affect:
- Building extensions
- Landscaping or pools
- New structures like garages or sheds
- Subdivision potential
Shared Driveway Easements: A Common Scenario
Shared driveways are one of the most common easement situations in New Zealand residential property. Here's what you need to know:
Typical Arrangement
- One property owns the driveway land
- The other has a right of way easement across it
- Both parties share the driveway for access
Common Issues
- Maintenance disputes — who pays for repairs?
- Parking conflicts — can you park on the shared area?
- Obstruction — can you place things on the driveway?
- Gate installation — can you add security gates?
What the Documents Should Specify
A well-drafted easement will address:
- Maintenance responsibilities and cost-sharing
- Any restrictions on parking or storage
- How disputes should be resolved
- Rights to install or modify fencing/gates
Can Easements Be Removed or Changed?
Yes, but it's not easy:
Removal (Surrender or Cancellation)
Requires agreement from all affected parties:
- The owner of the burdened land
- The owner of the benefited land
- Any other parties with registered interests
Variation
Changes to easement terms (e.g., relocating a right of way) also require agreement from all parties and registration of a new instrument.
Court Order
In rare cases, the High Court can modify or extinguish easements, but this is expensive and uncertain.
Practical advice: Assume easements are permanent when making your purchase decision. Don't buy expecting to remove an inconvenient easement later.Easements and Resource Consent
If you're planning development that affects an easement area, you may need:
- Approval from the easement holder — before you can proceed
- Resource consent from council — if affecting drainage or access
- Engineering assessments — for utility easements
Your title search documents are essential for any consent application involving easements. Learn more in our Building Consent guide.
Frequently Asked Questions
Can I build a fence across an easement?
Generally no, if it would obstruct the easement's purpose. For example, a fence across a right of way would block access. Some easement instruments specifically address fencing — order the document to check the exact terms.
Who maintains a right of way easement?
This should be specified in the easement document. Often costs are shared proportionally between users, but arrangements vary. Some easements place all maintenance on the benefited party, others split it equally.
Does an easement reduce property value?
It depends on the easement type and impact. Minor utility easements along property edges rarely affect value. But a major right of way through your backyard, or easements that prevent development, can significantly reduce value and buyer appeal.
What if someone is exceeding their easement rights?
You can seek legal remedies if an easement holder uses rights beyond what's specified in the registered instrument. For example, if a right of way is for pedestrian access only but they're driving vehicles, you may have grounds to object.
Are all easements registered on the title?
Registered easements appear on the Certificate of Title. However, some historical or prescriptive rights may exist even if not formally registered — another reason for thorough due diligence including physical inspection.
Before You Buy: Get Your Title Search
Easements are a permanent feature of property ownership. Understanding what easements affect your property — and what rights you have over neighbouring land — is essential due diligence.
Certificate of Title NZ can help with:
- Title searches — showing all registered easements ($42.90)
- Instrument copies — the full legal documents for each easement ($39.90)
- Expert guidance — understanding what easements mean in practice ($129.00)
Need a Title Search?
Get your official Record of Title delivered in 2 hours. See all easements at a glance.
Order Now — $42.90 NZDHave questions about easements on a property you're considering? Contact our team for expert assistance.
