Right of Way

A right of way is a type of easement that gives one property owner (or the public) the legal right to travel across another person's land. In New Zealand, rights of way are extremely common, particularly for rear sections, rural properties, and shared driveways.

Rights of way are registered on the certificates of title of both the property that benefits (the 'dominant' land) and the property that is crossed (the 'servient' land). The instrument registered with LINZ sets out the specific terms, including the width and location of the right of way, who is responsible for maintenance, and any restrictions on use.

Shared driveways are the most common type of right of way in residential areas. In these arrangements, one property typically owns the driveway land, and the neighbouring properties have registered rights to use it for access.

If the property you're buying is accessed via a right of way, check the terms carefully. Who maintains the driveway or access? Who pays for repairs? Is the right of way wide enough for your vehicles? Are there restrictions on the number of users or types of vehicles?

If the property you're buying has a right of way across it, understand exactly where it is and what it means for your privacy and use of the land. A right of way across the middle of your front yard is very different from one along a shared boundary fence.

Rights of way are registered on the certificate of title from LINZ. The easement instrument specifies the exact location (usually referencing a survey plan), width, maintenance responsibilities, and any conditions.

Your lawyer should review the right of way instrument. Consider getting a surveyor to mark the right of way boundaries on the ground so you can see exactly where it runs.