What is an easement in gross ?

By Juliano Ramos
May 14
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Understanding easements in gross and how they affect property ownership in New Zealand.

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What is an Easement in Gross?

An easement in gross is a legal right for another person or party to carry out some form of activity or pass over another person's land, but it is not a possessory right. Common examples include rights of way or water rights.

Understanding Burden and Benefit Tenements

Easements generally involve two parties:

Term	Previous Term	Description
Burden Tenement	Servient Tenement	The lot that owns the land over which the easement passes
Benefit Tenement	Dominant Tenement	The lot that has the right to pass over or access the land

💡 Key Point:

An easement passes with title ownership and continues to benefit any successors in title to that land.

How Easements Appear on a Record of Title

Easements are recorded on the title using specific wording:

✓ "Appurtenant hereto …" — indicates the property is the benefit tenement
✓ "Subject to …" — indicates the property is the burden tenement
✓ "Easement as to …" — general easement notation

⚡ Easement in Gross Specifically:

An 'easement in gross' relates to public utilities — such as power, water supply, and drainage — which has no benefited tenement, but does have a burden tenement.

Tips and Recommendations

✓ Check on the title whether there are any easement issues
✓ If easement issues apply, check the conditions of the easement
✓ Know the location of easements, especially if planning to develop
✓ Some easements impose building restrictions for maintenance access
✓ Not all rights of way are shown on title — check the survey plan
✓ Point out any easements to prospective purchasers

⚠️ Hidden Easements:

Old drainage easements may not appear on the record of title, but they may appear on district, city, or unitary plan maps. Some easements are general or common law (such as those protecting against undermining a neighbour's property) and are not registered on individual titles.

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