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

115: Redundant easements

You could also call this:

"Removing easements that are no longer needed"

You can ask the Registrar to remove an easement from a record of title if it is no longer needed. This happens when the land that benefits from the easement no longer shares a boundary with the land that the easement affects. As a result, the easement has no practical effect. You need to give the Registrar the required information when you make this request. The Registrar will then decide if the easement is no longer needed and give you notice of their decision. If the Registrar agrees that the easement is no longer needed, they will update the record of title to show this. The Registrar will also notify anyone who may be affected by the removal of the easement. These people can object to the removal of the easement if they think it is still needed. The Registrar will consider any objections before making a final decision. If the Registrar decides to remove the easement, it will no longer exist and anyone who had a claim to it will lose their interest. However, this does not apply to a type of easement called an easement in gross, which is a different type of easement. 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=DLM6731265.

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

Topics:

Housing and property > Land useHousing and property > Buying and selling homes

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

"Ending an easement when a certain event happens"

116: Notation of covenants under Property Law Act 2007, or

"Noting rules for property promises under the Property Law Act 2007"

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

115Redundant easements

The grantor or the grantee of an easement may apply to the Registrar to make an entry on a record of title that the easement is extinguished.
For the purposes of this section, an easement is extinguished if it is redundant, meaning that—
all or part of the benefited land no longer adjoins the burdened land as a result of a subdivision or for any other reason; and
as a result, the easement has no practical effect.

The application must contain the prescribed information.
If the Registrar, after considering the application, is not satisfied that the easement 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.

A notice under subsection (5) must—
contain the prescribed information; and
state that a person who claims to have an interest under the easement 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 is extinguished and give notice of the decision to the applicant and each objector.
The Registrar must, if satisfied that the easement is extinguished, make an entry on the record of title to that effect.
The interest of the grantee of the easement and of every person claiming under the grantee is extinguished when the entry is made on the record of title.
Nothing in this section applies to an easement in gross.

Compare

s 70