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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

110: Creation or surrender of easement on deposit of plan

You could also call this:

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

Illustration for Land Transfer Act 2017

You can create or surrender an easement by using a deposit document. The document must include details like the land affected and the type of easement. You can find out what form the document should take by looking at what the Registrar says under section 225. You need to say what land is involved and what the easement is for. If you are creating an easement, you must also say what rights and powers will apply to it, which can be found in regulations or a registered memorandum under section 209. The people involved must sign the document, and in some cases, you need to get consent from a registered mortgagee before creating or surrendering an easement. This consent also applies to anyone who later gets an interest in the mortgage. The easement is created or surrendered when a plan related to the deposit document is deposited under section 224.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731260.

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109: Easement instruments, or

"Rules for Creating and Canceling Easement Agreements"

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111: Rights and powers implied in easements, or

"What rights come with an easement on someone's 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

110Creation or surrender of easement on deposit of plan

  1. A deposit document that specifies the matters referred to in subsection (3) may be used in order to create or surrender an easement.

  2. The deposit document must be in a form specified by the Registrar under section 225.

  3. The matters that must be specified are—

  4. the burdened land and, except for an easement in gross, the benefited land, including reference to the register; and
    1. the nature and extent of the easement; and
      1. if the easement is being created, the rights and powers that will apply to the easement by reference, without modification, to rights and powers—
        1. prescribed by regulations; or
          1. contained in a memorandum registered under section 209.

          2. The deposit document must be executed by the grantor and the grantee.

          3. The consent of a registered mortgagee of the burdened land must be obtained before an easement is created under this section.

          4. The consent of a registered mortgagee of any benefited land or of the easement must be obtained before an easement is surrendered under this section.

          5. The consent of a mortgagee under subsection (5) or (6) binds—

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

              1. An easement is created or surrendered under this section on the deposit under section 224 of a plan to which the deposit document relates.

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