What Is an Easement? Understanding Property Rights in New Zealand

Easements are a legal but often overlooked element of property ownership in New Zealand. If you're buying a property-especially a new build or a subdivided lot-it's highly likely your title includes an easement of some sort.

What Is an Easement?

In its simplest form, an easement is a legal right for someone to use a specific part of another person's land for a particular purpose. The most common example is a shared driveway.

Other typical easements include:

• •Right-of-way access (pedestrian or vehicle)
• •Drainage and sewage lines running under another property
• •Power, gas, or telecommunications conduits
• •Shared pathways between townhouses or terraced homes

Servient vs Dominant Tenement

• •The servient tenement is the property that grants the right of access (burdened by the easement)
• •The dominant tenement is the property that receives the benefit of the easement

Easements and New Builds

Easements are incredibly common in New Build developments, where shared driveways, paths, and service lines are part of the design.

When Should You Worry About Easements?

For most new build properties, easements are unlikely to cause problems. Council inspections and Code Compliance Certificates ensure that essential infrastructure is properly installed.

However, issues can arise, particularly for out-of-town investors who cannot personally inspect the site.

Who Pays for Maintenance and Repairs?

According to the Land Transfer Regulations 2018, if more than one party benefits from the easement, all parties generally share maintenance costs equally.

What Are My Legal Obligations?

Before buying any property, you should:

• •Check the title and survey plan to understand the location and terms of any easements
• •Confirm who has the right of access and over what parts of the land
• •Understand maintenance responsibilities and potential costs
• •Ask your solicitor if there are any special conditions

Easements: A Normal Part of Buying Property in NZ

Easements are a routine, often essential part of buying property in New Zealand. Whether it's a shared driveway or buried power cables, they ensure neighbouring properties can function harmoniously.