Property Easements
Insight
Easements are legal rights that allow one property to use part of another property for specific purposes such as access, drainage, water supply or utilities. They are common across New Zealand, especially in developments with shared driveways, cross-lease arrangements, lifestyle blocks and commercial premises.
Because easements often affect how properties can be used, maintained or developed, buyers and sellers must understand what rights exist and whether they match how the property is being used in practice. Issues may arise when easements are missing, outdated, incorrectly recorded or disputed by neighbours.
People typically look for help with easements when LIM reports raise questions, when buying or selling properties with shared access or services, or when formalising existing informal arrangements. This guide explains the basics of easements and common issues to consider.
Types of Easements
Tip:
Always check whether the easement on the title matches what exists physically on the property.
Easements can be created for many purposes. Common types include rights-of-way for driveways, rights to convey water, rights to drain stormwater or wastewater, rights to install and maintain electricity or telecommunications, and rights to support or shelter in multi-unit developments.
Some easements benefit a particular piece of land (known as the dominant tenement) and affect another (the servient tenement). A lawyer can help you understand which land benefits, which is burdened, and how the easement applies to your situation.
Common Issues With Easements
Common pitfall:
Assuming an easement exists just because access or services have historically been used. Without a registered easement, rights may not be legally enforceable.
Common issues include unclear access rights, informal arrangements not recorded on the title, disagreements about maintenance of shared driveways, and disputes about who can use a right-of-way and for what purpose. Some easements restrict development or access to parts of the property.
Drainage and water easements may be affected if pipes are moved, replaced or built over without proper documentation. In some cases, easements registered decades ago may no longer match the current layout, leading to disputes.
How Easements Are Created, Varied or Removed
Easements are usually created by registering legal documents with LINZ. When buying or selling, your lawyer checks that existing easements match the property’s configuration. When subdividing, new easements are usually drafted by your lawyer and surveyor to satisfy council and ensure utility access.
To vary or remove an easement, all affected parties must agree, and updated documents must be registered. Council involvement may be required if the easement relates to services or access that affect multiple lots.
Step 1
Check Existing Title
Your lawyer reviews the title to confirm which easements apply, who benefits and who is burdened.
Step 2
Compare to Physical Use
Confirm whether accessways, pipes or services match what the title describes.
Step 3
Draft or Vary Easements
Your lawyer and surveyor prepare easement documents when changes are needed or when subdividing.
Step 4
Registration
Easements are lodged with LINZ and become part of the legal title.
Costs for Easement Advice
Legal fees depend on the complexity of the easement, number of affected parties and whether the easement is part of a subdivision. Straightforward driveway easements may be covered under standard conveyancing, while variations or disputes typically require more detailed work.
Surveying and council fees may apply when new easements are created. For broader pricing guidance, see the property lawyer costs guide.
How to Choose a Lawyer for Easement Matters
Choose a lawyer experienced in reviewing titles, drafting easements and resolving access or service disputes. Ask how often they assist with right-of-way issues, drainage rights or service easements, and whether they work closely with surveyors or planners when needed.
If you are in a dispute with a neighbour, consider a lawyer who is comfortable negotiating and resolving conflicts or taking formal steps where necessary.
Find a Lawyer for an Easement Issue
Explaining whether the issue relates to access, drainage, water supply or shared utilities helps match you with lawyers who regularly deal with similar matters. This avoids delays and gives lawyers the information needed to focus their advice.
By outlining any disputes, mismatched title records or council requirements, you can receive more accurate guidance from the outset.
Need help with an easement?
Tell us about the property to get matched with lawyers experienced in easement matters.
Frequently Asked Questions
What is an easement?
An easement is a legal right allowing one party to use part of another person’s land for a specific purpose, such as access, water supply, drainage, electricity or pipelines. Easements are recorded on the title and bind current and future owners.
Do all shared driveways have easements?
No. Many shared driveways operate informally without proper easement documentation. This can cause disputes and may affect lending or insurance. A lawyer can check whether proper rights exist on the title and whether any formalisation is needed.
Who is responsible for maintaining easements?
Responsibility depends on the easement terms. Some easements require shared maintenance, while others place responsibility on one party. A lawyer can explain your obligations and what happens if someone does not maintain their part.
Can easements be changed or removed?
Yes, but changing or removing an easement usually requires agreement from all affected parties and updated documents registered with LINZ. Some easements are also subject to council requirements or consent notices that must be addressed.
Can I create a new easement when subdividing?
Yes. Most subdivisions require new easements for access, services, drainage and utilities. Your lawyer and surveyor work together to draft and register these easements correctly as part of the subdivision process.
You don’t need all the answers
Property issues can feel overwhelming — especially when you’re facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.
Get Help From a Lawyer for Easements
Easements give legal rights for access, services, drainage, water and other utilities. Providing a short overview of the property, how access or services currently work and any concerns raised helps match you with lawyers who regularly deal with easement issues.
By outlining where shared driveways, pipes or utilities run and whether there are disputes or unclear arrangements, you can connect with professionals who understand how easements are created, varied and enforced.