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

114: Extinguishment of easements and profits à prendre on occurrence of event

You could also call this:

"Ending an easement when a certain event happens"

You can apply to the Registrar to end an easement or profit à prendre if a certain event happens. This event must be stated in the document that created the easement or profit à prendre. You need to give the Registrar the required information. If the Registrar is not sure the easement or profit à prendre has ended, they tell you. Otherwise, they give public notice and tell people with an interest in the easement or profit à prendre. They must include certain information in the notice and say how people can object. The Registrar looks at any objections and decides if the easement or profit à prendre has ended. They tell you and the people who objected about their decision. If the Registrar agrees it has ended, they update the record of title to say so. When the record of title is updated, the interests of the people involved in the easement or profit à prendre are ended. You can compare this to s 70 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731264.

This page was last updated on 24 December 2025 — View changes

Topics:

Housing and property > Land use

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"

115: Redundant easements, or

"Removing easements that are no longer needed"

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

114Extinguishment of easements and profits à prendre on occurrence of event

The grantor or the grantee of an easement or a profit à prendre may apply to the Registrar to make an entry on a record of title that the easement or profit à prendre is extinguished.
For the purposes of this section, an easement or a profit à prendre is extinguished if an event specified in the document creating the easement or profit à prendre occurs that brings the easement or profit à prendre to an end.
The application must contain the prescribed information.
If the Registrar, after considering the application, is not satisfied that the easement or profit à prendre is extinguished, the Registrar must give notice of that decision to the applicant.
Otherwise, the Registrar must give notice of the application as follows:
public notice; and
notice to every person who appears to the Registrar to have an interest under the easement or profit à prendre.

A notice under subsection (5) must—
contain the prescribed information; and
state that a person who claims to have an interest under the easement or profit à prendre may object to the application by giving notice to the Registrar; and
specify the prescribed period within which the person may object to the application.

The Registrar must, after considering any objections, decide whether he or she is satisfied that the easement or profit à prendre is extinguished and give notice of the decision to the applicant and each objector.
The Registrar must, if satisfied that the easement or profit à prendre is extinguished, make an entry on the record of title to that effect.
The interest of the grantee of the easement or profit à prendre and of every person claiming under the grantee is extinguished when the entry is made on the record of title.

Compare

s 70