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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

109: Easement instruments

You could also call this:

"Rules for Creating and Canceling Easement Agreements"

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When you create an easement instrument, it must have the required information. You need to get the grantor and the grantee to sign the easement instrument. The person who has a mortgage on the land that is affected by the easement must agree before the easement can be registered. If you want to cancel an easement, you must get the consent of the mortgagee of the land that benefits from the easement. The mortgagee's consent also applies to anyone who later gets an interest in the mortgage. You can find more information by looking at ss 90A and 90E. The consent of the mortgagee is important for registering or surrendering an easement. You must follow these rules when dealing with easement instruments. This is part of the Land Transfer Act 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731259.

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108: Registration and surrender of easements and profits à prendre, or

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

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110: Creation or surrender of easement on deposit of plan, or

"Creating or giving up an easement on a piece of land"

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

109Easement instruments

  1. An easement instrument must contain the prescribed information.

  2. An easement instrument must be executed by the grantor and the grantee.

  3. The consent of a registered mortgagee of the burdened land must be obtained before registration of an instrument to register an easement or a profit à prendre.

  4. The consent of a registered mortgagee of any benefited land or of any easement or profit à prendre must be obtained before registration of an instrument that surrenders the easement or profit à prendre.

  5. The consent of a mortgagee under subsection (3) or (4) binds—

  6. the mortgagee; and
    1. any person who subsequently derives an interest in the mortgage from the mortgagee.

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