Easement

An easement gives a third party the right to use a portion of your property — typically for access, drainage, or utilities. Common examples include a shared driveway, a council stormwater pipe running under your section, or a power company's right to maintain lines across your land.

Easements are registered on the certificate of title and run with the land, meaning they survive changes of ownership. They can be created by agreement, by statute (e.g. local authority easements), or by court order.

If you're buying a property with an easement, it's important to understand exactly what is permitted and where. Some easements have minimal practical impact, while others can restrict where you build or how you use parts of your land.

Easements directly affect what you can do with your property. A drainage easement across the middle of your section could prevent you from building an extension. A right-of-way easement means neighbours or the public may have legal access across your land.

Always check the title and any easement instruments before making an offer. Your lawyer should review the specific terms, and you may want to get a surveyor to mark the easement boundaries on the ground.

Easements are recorded on the property's certificate of title, which you can order from LINZ (Land Information New Zealand). The title will reference easement instruments that describe the specific rights and obligations.

Your conveyancer or property lawyer will review these as part of standard due diligence. You can also check the LIM report, which may note council-related easements.