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Land Transfer Act 2017

Dealings in estates and interests in land - Easements, profits à prendre, and covenants under Property Law Act 2007 - Easements and profits à prendre

108: Registration and surrender of easements and profits à prendre

You could also call this:

"Registering and giving up rights to use someone else's land"

Illustration for Land Transfer Act 2017

To register an easement or a profit à prendre, you must use one of the following: an easement instrument under section 109, a transfer instrument under section 73, or a deposit document under section 110 with a plan under section 224. You need to follow these rules to register or surrender an easement or profit à prendre. When you use a transfer instrument, it must be signed by the grantor and the grantee. You can register an easement even if the same person is the grantor and the grantee. The Registrar will then add the easement or profit à prendre to the record of title for the affected land. The Registrar must create a new record of title for an easement or profit à prendre over Crown land if one does not already exist. This helps keep track of the easement or profit à prendre and who is involved. You can find more information about this in other parts of the law, such as ss 90, 90A, 90B, and 90E.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731258.

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109: Easement instruments, or

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Part 3Dealings in estates and interests in land
Easements, profits à prendre, and covenants under Property Law Act 2007: Easements and profits à prendre

108Registration and surrender of easements and profits à prendre

  1. The following must be used in order to register an easement or a profit à prendre or the surrender of an easement or a profit à prendre:

  2. an easement instrument under section 109; or
    1. a transfer instrument under section 73; or
      1. in the case of an easement, a deposit document under section 110 together with the deposit under section 224 of a plan to which the deposit document relates.

        1. A transfer instrument used for the purposes of subsection (1) must be executed by the grantor and the grantee.

        2. An easement may be registered even though the same person is the grantor and the grantee.

        3. The Registrar must register the easement or profit à prendre on the record of title for the burdened land and any benefited land.

        4. The Registrar must create a record of title for an easement or a profit à prendre over land of the Crown for which no separate record of title exists.

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