Land Transfer Act 2017

Miscellaneous provisions - Amendments, repeals, and revocations - Amendments to Property Law Act 2007

245: Section 317 amended (Court may modify or extinguish easement or covenant)

You could also call this:

"Courts can change or end easements and covenants in certain situations"

Illustration for Land Transfer Act 2017

You can find a law about easements and covenants in the Land Transfer Act 2017. The law says the Court can change or end an easement or covenant. You can read more about this in section 317 of the Property Law Act 2007. You might be able to change or end a covenant if it goes against public policy or a law. The Court can also change or end a covenant if it is just and fair to do so. This can be done fully or partly, depending on the situation. The Court's decision is based on what is fair and reasonable. You can look at the law to see how this works. The law is there to help you understand your rights and responsibilities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731480.

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244: Cross-heading above section 313 amended, or

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Part 5Miscellaneous provisions
Amendments, repeals, and revocations: Amendments to Property Law Act 2007

245Section 317 amended (Court may modify or extinguish easement or covenant)

  1. In section 317(1)(d), replace entitled with entitled; or.

  2. After section 317(1)(d), insert:

  3. in the case of a covenant, the covenant is contrary to public policy or to any enactment or rule of law; or
    1. in the case of a covenant, for any other reason it is just and equitable to modify or extinguish the covenant, wholly or partly.