Understanding Right of Way and Easement Surveys in New Zealand
When it comes to property ownership and development, understanding the concepts of Right of Way (ROW) and easements is crucial. These legal tools help manage how land can be used and accessed, ensuring smooth interactions between property owners and neighbours. In this blog post, we’ll break down what Right of Way and easements are, why they matter, and how easement surveys play a role in these agreements.
What is a Right of Way (ROW)?
A right of way (ROW) is a type of easement that allows someone the legal right to travel through another person's property. It's commonly used to provide access to a landlocked property, meaning a piece of land that has no direct access to public roads. Without a right of way, the owner of the landlocked property would be unable to reach their land without trespassing.
For example, if you own a piece of land that is not directly connected to a public road, a right of way over your neighbour’s property might be necessary for you to access your home or business. The ROW will be clearly defined in terms of its location, width, and use.
What is an Easement?
An easement is a legal right that allows one party to use a portion of another party's land for a specific purpose. This purpose is typically defined to ensure clarity and to avoid disputes. Easements can cover a wide range of uses, including but not limited to:
Access Easements: These allow for the passage over land, such as a shared driveway.
Utility Easements: These permit utility companies to install and maintain infrastructure like power lines, water pipes, or sewage systems.
Conservation Easements: These restrict land use to protect natural resources and landscapes.
Easements are an essential part of property law as they help manage shared use and ensure that necessary services can be provided without legal conflicts.
Understanding Easement Surveys
Easement surveys are crucial in establishing and documenting these legal rights. They ensure that the location and scope of an easement are clearly defined and legally enforceable. Here's why easement surveys matter:
Precision in Boundaries: Easement surveys accurately determine the boundaries of the easement area. This precision helps avoid disputes between property owners by clearly defining where the easement starts and ends.
Legal Documentation: An easement survey provides the legal descriptions necessary to record the easement in property records. This documentation is essential for ensuring that future property transactions are clear and that the easement remains enforceable.
Clarity for All Parties: Easement surveys provide clarity for both the property owner and the party benefiting from the easement. It sets clear expectations about the use of the land and helps prevent conflicts.
Why Easement and ROW Surveys Are Important
Easement and Right of Way surveys play a crucial role in property management and development. They help prevent legal disputes, ensure proper access and utility services, and protect the interests of all parties involved. Without these surveys, misunderstandings and conflicts can easily arise, leading to costly and time-consuming legal battles.
In New Zealand, property rights and responsibilities are taken seriously, and having clear, legally enforceable documentation of easements and rights of way is essential. Whether you're a property owner, a developer, or a potential buyer, understanding these concepts and the importance of easement surveys can save you from future headaches and ensure smooth property transactions.
Understanding right of way and easements, and the role of easement surveys, is vital for anyone involved in property ownership or development in New Zealand. These legal tools help manage land use and ensure access and services are available where needed. If you have questions about easements or need an easement survey, it's always a good idea to consult with a professional surveyor or property lawyer to ensure everything is correctly handled.
At BCD Group, we specialise in providing comprehensive easement and Right of Way surveys, helping you navigate these complex legal requirements with ease. Contact us today to learn more about how we can assist with your property needs.
This blog post is intended to provide general information and should not replace professional legal advice tailored to your specific situation.
