Right of Way Properties — Due Diligence Guide for NZ Buyers
A right of way (ROW) property is accessed via a shared driveway or accessway rather than directly from a public road. The right of way is typically registered as an easement on the title, granting legal access across another person's land to reach your property.
How Right of Way Properties Differs
| Attribute | Right of Way Properties | Other Types |
|---|---|---|
| Street access | Via shared accessway | Standard: Direct road frontage |
| Maintenance | Shared cost with other users | Standard: Council-maintained road |
| Privacy | Often more private/secluded | Standard: Street-facing |
| Title complexity | Easement registered on title | Standard: No access easement needed |
Key Risks & Red Flags
Right of way properties have specific access-related risks:
- Maintenance disputes: Disagreements over who pays for driveway repairs, sealing, or snow clearing.
- Access width: Some older ROWs are narrow and may not accommodate modern vehicles or emergency access.
- Services: Underground services (water, power, drainage) may run through the ROW and create complications.
- No maintenance agreement: Older properties may lack a formal cost-sharing arrangement.
- Emergency access: Fire services and ambulances may have difficulty accessing properties on narrow or steep ROWs.
- Future development: Other properties sharing the ROW may intensify, increasing traffic on the shared access.
Due Diligence Checklist
- Review the easement terms on the certificate of title
- Check for a registered maintenance agreement or cost-sharing arrangement
- Physically inspect the right of way (width, surface condition, gradient)
- Confirm the ROW can accommodate emergency vehicles
- Check if any services run through the ROW and who is responsible
- Understand how many properties share the access
- Verify the ROW is properly formed and maintained
- Check council records for any planned changes to the road or access
- Standard checks: LIM report, building inspection, title review
Frequently Asked Questions
Who is responsible for maintaining a right of way?
All parties who benefit from the ROW share maintenance responsibility, usually in proportion to use. If there's a registered maintenance agreement, it sets out the cost-sharing. Without one, disputes can be difficult to resolve.
Does a right of way affect property value?
Generally yes — ROW properties tend to sell at a slight discount (5-15%) compared to equivalent properties with direct road frontage. However, the trade-off is often more privacy and a larger section.
Related Content
Easement
GlossaryA legal right allowing someone to use part of another person's land for a specific purpose.
Freehold
GlossaryThe most complete form of property ownership in New Zealand, giving the owner full rights to both the land and any buildings on it.
Covenant
GlossaryA legally binding restriction or obligation attached to a property's title that controls how the land can be used.
Cross-Lease
GlossaryA form of property ownership where multiple owners share the freehold of a single piece of land and lease their individual dwellings from each other.
Freehold
Property TypeFreehold (fee simple) is the most complete form of property ownership in New Zealand. The owner has full rights to the land and any buildings on it, with no co-owner dependencies or lease arrangements. Freehold is the most common and most straightforward title type for standalone houses.
Cross-Lease
Property TypeCross-lease is a uniquely New Zealand form of ownership where multiple owners share the freehold of a single parcel of land and lease their individual dwellings from each other. Each owner's dwelling is defined by a flats plan registered with LINZ.
Unit Title
Property TypeUnit title is the standard ownership structure for apartments, townhouses, and multi-unit developments in New Zealand. Each owner holds title to their individual unit and a share of common property, managed by a body corporate.
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