Easements are a property law term used to mean an interest in property that gives one person (“benefited land”) the right to use part of another person’s land (“burdened land”) in a particular way.

Examples of common easements are:

• Right of Way – the benefited land may pass and re-pass over the burdened land on foot or with vehicles. The easement may be unlimited in nature or limited.  For example, limit the time of use, area of use, types of vehicles, who may use the easement.
• Right to convey water, electricity, computer media or telecommunications.
• Right to drain water or sewage.
• Party walls where there are semi-detached or terraced house or apartments that share a wall.

Once an easement is registered with Land Information New Zealand it will show on the record of title for the property.

If you are buying property, we recommend you carefully review all interests recorded on the title.  This will ensure that you are aware if the property has the burden or benefit of an easement.  You need to determine what that may mean for your intended use of the property.  You can also ensure that you have the benefit of easements that may be necessary for your use and enjoyment of the property.

If you are not happy with the terms of an easement, they can be varied with the agreement of all parties (or assistance of the court – which we do not recommend as it will be very costly).