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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

111: Rights and powers implied in easements

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"What rights come with an easement on someone's land?"

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You have rights and powers when you get an easement. Regulations decide what these rights and powers are for different types of easements. When you register an easement, you get the rights and powers that come with it. You can change or add to these rights and powers when you register the easement. But you cannot do this for easements created under section 110. The rights and powers that apply to an easement affect both the person giving the easement and the person getting it. Nothing in this section limits what sections 26(4), 27(3), and 28(3) of the Housing Act 1955 say.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731261.

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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"

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112: Easement variation instrument required to vary easements and profits à prendre, or

"Changing easements and profits à prendre requires a special document"

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

111Rights and powers implied in easements

  1. Regulations may prescribe the rights and powers that are implied in different classes of registered easement.

  2. On registration of an easement of a class prescribed by regulations, the grantee has the rights and powers implied in easements of that class.

  3. Despite subsection (2), an instrument to register an easement may—

  4. vary implied rights and powers; or
    1. include other rights and powers; or
      1. exclude implied rights and powers.

        1. Subsection (3) does not apply to an easement created under section 110.

        2. The rights and powers that apply to an easement under this section bind the grantor and the grantee.

        3. Nothing in this section limits sections 26(4), 27(3), and 28(3) of the Housing Act 1955.

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