Right of Way
A legal right registered on the title that allows someone to pass over another person's land to access their own property or a public road.
What is a 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.
Why It Matters for Due Diligence
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.
How to Check
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.
Frequently Asked Questions
Who pays for right of way maintenance?
It depends on the terms of the easement instrument. Many right of way easements require shared maintenance costs between all users, often split equally or proportionally. If the instrument is silent, the Property Law Act 2007 provides default rules for sharing costs.
Can I block or gate a right of way on my property?
Generally no — you can't obstruct a right of way. However, some easement instruments allow gates, provided all right of way holders are given access (e.g. keys or remote openers). Check the specific terms of the easement before installing any gate or barrier.
Related Terms
Easement
GlossaryA legal right allowing someone to use part of another person's land for a specific purpose.
Certificate of Title
GlossaryThe official legal document registered with LINZ that proves who owns a property and records all registered interests affecting it.
Survey Plan
GlossaryAn official plan prepared by a licensed cadastral surveyor that defines the legal boundaries and dimensions of a property.
Boundary
GlossaryThe legal line that defines the edge of a property, as set out on the registered survey plan held by LINZ.
Encumbrance
GlossaryAny registered claim, charge, or restriction on a property's title that may affect the owner's ability to use or transfer the property freely.
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