How it works
A right of way is a form of easement that gives you the right to pass over another person's land. This could include using a neighbour's driveway, or being able to use a narrow portion of their property as a footpath to your house.
If we grant an easement, it doesn't change who owns the land – just how it can be legally used.
How to apply
1. Talk to the landowner
To be granted a right of way, you must first get the landowner's agreement.
2. Engage a surveyor and lawyer
Right of way applications are usually made by cadastral surveyors and legal professionals. They are the only ones who can complete this process with Land Information New Zealand (LINZ).
3. Prepare your supporting documents
As part of your application, you must provide in writing:
- your details
- your agent's details (if using an agent)
- the property owner's details
- the details of the person who will pay the application fees
- what the right of way is for
- a current record of title (less than 3 months old).
You'll also need to provide a scheme plan, which must show:
- the location of the proposed right of way
- the purpose of the easement
- the 'burdened owner' (the land on which the easement is to be located)
- the 'beneficial owner' (the land which benefits from the right of way).
4. Submit your application