Easements and covenants - Clear advice on title restrictions, shared access and development rights for the Auckland region
When you are buying property, planning to build or looking at redevelopment potential, it is important to understand any easements or covenants recorded on the title. At Lamb & Associates, we help property owners, buyers and developers understand how these legal interests may affect land use, access, services and future plans.
Across Auckland, shared driveways, right of ways, service corridors and title restrictions are common. Getting clear advice early can help avoid costly surprises later.
Contact Lamb & Associates for practical advice on easements, covenants and survey requirements across the Auckland region.
Professional surveys on shared access and land use limits
- Clear advice on shared access and title restrictions
- Understand easements and covenants before you build
- Survey support for smarter property and development decisions
Looking after clients across Auckland from Warkworth to Bombay. Enquiries from outside this region are welcome too.
What is an easement?
An easement is a legal right that allows another party to use part of land for a specific purpose, while ownership remains with the landowner. Easements are commonly created for shared access or essential services and are recorded on the title.
Common examples include:
- Shared driveways and rights of way
- Access to rear properties
- Stormwater and wastewater drainage lines
- Water supply pipes
- Power, gas and communications services
- Rights to enter land for maintenance or repairs
Why understanding easements matter
If your land contains an easement, or benefits from one over neighbouring land, it can affect how the site is used and what can be built in that area. Building over easements, changing access arrangements or carrying out redevelopment may require careful review first.
We can help identify where easements are located, explain how they may affect your plans and provide survey input where changes or new developments are proposed.
Shared driveways and right of way surveys
Shared driveways and rear sections are common throughout Auckland, with two or more properties often using one entranceway from the street. If you are planning fencing, landscaping, redevelopment or building work near a shared accessway, it is wise to understand the legal layout and rights involved before work begins. We can assist with right of way surveys, site measurements and practical advice on how proposed works relate to the shared area.
What is a covenant?
A covenant is a condition registered on the title that places restrictions or obligations on how land can be used or developed. Covenants are common in newer subdivisions and some established areas.
They may relate to:
- Building materials or exterior appearance
- Minimum dwelling size or design standards
- Building setbacks or height restrictions
- Fence types or landscaping requirements
- Protection of bush, trees or wetlands
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Limits on further subdivision or additional dwellings
Why covenant checks are important
A property may appear suitable for development, but private covenants can still restrict what is allowed. This is particularly important in Auckland, where planning rules may allow certain development opportunities that title restrictions could limit. Before purchasing land or committing to plans, it makes sense to understand any covenant conditions affecting the site.
How Lamb & Associates can help
We can review title plans, identify practical site implications, provide survey information and help you understand how easements or covenants may affect boundaries, access, services and development potential. Where specialist legal interpretation is needed, we can also work alongside your lawyer or consultant team. We understand Auckland property layouts, shared access arrangements and the real-world issues that arise when people want to improve or redevelop land. Our team provides clear advice, accurate surveying and responsive service to help you move forward with confidence. Talk to us first.
Easement and covenant reviews are often best considered alongside a boundary survey, especially where shared accessways, fences or future building plans are involved. A topographical survey can also be valuable where site levels, access design or redevelopment potential need to be assessed alongside easements or covenant restrictions.
Easements and covenants are usually recorded on the property title or referenced in related legal documents. Before purchasing land or starting development, it is wise to have these checked so you understand any restrictions or shared rights affecting the site.
Sometimes, but not always. It depends on the type of easement, who benefits from it, and what structure is proposed. Building over drainage or service easements can create complications, so it is important to get advice before proceeding.
Not necessarily. Shared driveways are often subject to rights of way or easements that give multiple owners legal access rights. Ownership and usage rights can be different, so it is important to understand exactly what the title provides.
Yes, in some cases. Covenants may restrict building size and height, design, materials, setbacks, additional dwellings or subdivision potential.Even where planning rules allow development, private covenants can still affect what is possible.
Yes. We can review your plans or property details, explain how easements or covenants may affect your site, and recommend whether a boundary survey, topographical survey or other survey work would be beneficial before you proceed.
Easements & Covenants Summary:
- What: Lamb & Associates conducts easement and covenant surveys, including ROW surveys, to document shared access and services and check title restrictions and compliance.
- Where: Looking after clients across Auckland from Warkworth to Bombay. Enquiries from outside this region are welcome.
- Who for: Property buyers needing clarity on easements or covenants before purchase, and owners planning development near boundaries or shared driveways.