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. But what exactly is an easement, and what do you need to know about them as a property owner or investor?
Let’s take a closer look at how easements work, when you should worry, and what your rights and obligations are.
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. This doesn’t mean anyone can wander onto your property to read a book—it’s usually more practical than that.
The most common example is a shared driveway. If a property is located at the back of a section and its driveway crosses the front property’s land, the rear owner will typically have an easement registered against the front property allowing them legal access.
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
Some easements, known as easements in gross, aren’t tied to another neighbour but rather exist for the benefit of an organisation—such as the local council or utility provider.
Servient vs Dominant Tenement
You may see easements described in terms of "servient" and "dominant" tenements:
The servient tenement is the property that grants the right of access or use (i.e. the one burdened by the easement).
The dominant tenement is the property that receives the benefit of the easement (i.e. the one with legal access).
Understanding this terminology is crucial when reading your title documents and surveying plans.
Easements and New Builds
Easements are incredibly common in New Build developments, where shared driveways, paths, and service lines are part of the design. For example:
You might own the land under a shared driveway, but others in the development have legal access to use it.
Water and power lines running beneath your land may serve multiple dwellings.
A path running across your section may legally need to remain open to neighbours.
These easements are not just formalities—they're essential to ensure residents can access basic services and their own homes, even when properties are sold.
When Should You Worry About Easements?
For most new build properties, easements are unlikely to cause problems. Council inspections and Code Compliance Certificates (CCC) ensure that essential infrastructure—like water, sewage and electricity—is properly installed and meets building regulations.
However, issues can arise, particularly for out-of-town or overseas investors who can’t personally inspect the site. A common situation is when your solicitor provides a title and says, “We cannot verify the location of boundaries, easements, and services.” Because lawyers don’t visit the property themselves, they’ll ask you to confirm details, which isn’t always possible if you’re buying remotely.
For added assurance, it’s worth getting a building inspection—even for New Builds—so that someone physically checks the site against the plans.
What Happens If an Easement Is Wrong?
If an easement ends up being in the wrong place or more extensive than expected, the impact can vary. A minor deviation (like an unexpected manhole) might be frustrating but legally allowed. However, if the easement significantly reduces your land use or affects property value—say, a pathway uses 30sqm instead of the planned 10sqm—you may be able to seek compensation from the developer.
If you're buying a property off the plans, the easements are often pre-agreed in the purchase contract, so changing them later isn’t easy. That’s why it's vital to have a lawyer review these documents before signing.
Easements with Existing Properties and Cross-Leases
Easements are more concerning when buying existing properties, especially with cross-leases. In these cases, shared ownership and unclear boundaries can restrict your ability to renovate or improve the property.
You’ll also want to be cautious of boundary disputes.
Who Pays for Maintenance and Repairs?
Disputes often arise over who pays for easement-related upkeep—especially shared driveways or broken water pipes.
According to the Land Transfer Regulations 2018, if more than one party benefits from the easement, all parties generally share the cost of maintenance equally.
There are exceptions:
If one party causes the damage (e.g. heavy trucks damaging a shared drive), they may be liable for the full cost.
Parties can agree to different cost-sharing arrangements—common where one owner uses more of the easement area (like a longer stretch of shared driveway).
For easements in gross (e.g. a local council’s water line), the authority benefiting from the easement is responsible for all repairs.
Can I Access My Neighbour’s Land for Repairs?
Yes—if an easement is legally registered and repairs are needed, the party benefiting from the easement (or their contractor) has the right to access the land.
However, you must give the landowner reasonable notice and minimise disturbance. If the landowner refuses or if there’s a dispute about payment, the Regulations outline a dispute resolution process, including the option for arbitration.
What Are My Legal Obligations?
Before buying any property—especially a new build or a unit in a shared development—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 or unusual easement terms.
Even if you’re not a lawyer or a surveyor, it’s important to understand the basics—especially if you're buying remotely or investing in multiple properties.
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.
For New Builds, easements are typically straightforward and vetted by the council before Code Compliance is issued. But for existing homes or cross-lease properties, easements can impact future renovations or repairs—so a little due diligence upfront can save a lot of hassle later.
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