Residential Property

Property Titles, Easements & Covenants

Understand the rights and restrictions affecting your property

A property's title tells you more than who owns the land.

It can contain easements, covenants, leases and other interests that affect how the property can be used, accessed, developed or sold.

Understanding these matters before purchasing or making changes to a property can help you avoid unexpected restrictions and future problems.

Common title matters

We can advise on:

• Fee simple titles
• Cross lease properties
• Unit titles
• Leasehold property
• Easements
• Rights of way
• Land covenants
• Caveats
• Title restrictions
• Changes affecting property titles

Understanding different property titles

Not all property ownership is the same.

A fee simple title, cross lease, unit title and leasehold property each involves different rights and obligations.

For example, cross lease ownership can require consideration of the lease plan and arrangements with other owners, while unit title ownership generally involves body corporate responsibilities.

We can explain what the particular title means for you before you purchase.

Easements and rights of way

An easement gives someone particular rights over another person's land.

Common examples relate to access, driveways, drainage and utilities. These rights can be important to both the use and value of a property, so it is important to understand exactly what an easement allows and requires.

Land covenants

Covenants can place restrictions or obligations on the use and development of land.

They may affect matters such as building design, subdivision, use of the property or future development.

We can review the wording and explain what the covenant means in practical terms.

Why seek advice early?

Obtaining advice early can often prevent a dispute from escalating. It can also help you:

• Understand your contractual rights and obligations
• Assess the strength of your position
• Preserve important evidence
• Identify opportunities for early resolution
• Minimise financial and commercial risk

Our goal is to provide clear, practical advice that gives you confidence to make informed decisions and achieve the best possible outcome.

How Smith and Partners can help

Our Property Law team can review property titles, easements, covenants and other registered interests and explain how they affect your property.

If a title, easement, boundary or ownership issue has developed into a dispute, we can also work with our Litigation & Dispute Resolution team to help determine the appropriate way forward.

Frequently Asked Questions

Helping you navigate property decisions

Practical articles and legal insights on buying, selling, building, financing, and owning property in New Zealand.