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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

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

You could also call this:

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

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You need to use an easement variation instrument to make changes to a registered easement or profit à prendre. This instrument must have the required information and be signed by the grantor and the grantee. You must get consent from certain people, such as registered mortgagees, before you can register the instrument. You have to get consent from the mortgagees of the easement or profit à prendre and the land that is affected. This consent applies to the mortgagee and anyone who later gets an interest in the mortgage. The easement variation instrument is used to vary or add to the rights and powers of a registered easement or profit à prendre. This is similar to other laws, such as ss 90C and 90E, which also deal with easements and profits à prendre.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731262.

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111: Rights and powers implied in easements, or

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

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113: Merger, and extinguishment through lapse of time, of easements and profits à prendre, or

"Updating records when easements or rights to use someone's land are cancelled or expire"

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

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

  1. An easement variation instrument must be used in order to register a variation or an addition to, or an exclusion of, the rights and powers that apply to a registered easement or profit à prendre.

  2. An easement variation instrument must contain the prescribed information.

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

  4. The consent of the following persons must be obtained before registration of an easement variation instrument:

  5. a registered mortgagee of the easement or profit à prendre; and
    1. a registered mortgagee of the burdened land and of any benefited land.

      1. The consent of a mortgagee under subsection (4) binds—

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

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