The grantor or grantee of an easement may apply, under sections 113, 114 or 115 of the Land Transfer Act 2017, to:
- merge an easement where the registered owner of the benefited and burdened land is the same person – s113
- extinguish an easement where the easement was granted for a fixed period and that time has lapsed – s113
- extinguish an easement where an event specified in the easement document has occurred bringing the easement to an end – s114
- extinguish an easement where the easement is redundant because the benefited and burdened land have become separated and as a result the easement has no practical effect – s115.
Application and evidentiary requirements
Applications can be made in Form 25 of the Approved Electronic Forms.
To lodge a notice of application to merge or extinguish an easement, the instrument code is EE.
If easements are being surrendered or partially surrendered under sections 108 or 109 of the Land Transfer Act 2017, the instrument code is SE or PSE.
Practitioners certifying the above electronic instruments must hold an A&I form from the applicant as evidence of their authority and identity.
For more information about how to make an application, the evidentiary requirements to support the application, and LINZ’s notice requirements, read our Removal of Easements Guideline 2018.
Removal of Easements Guideline 2018
Forestry rights agreements, profits à prendre, and easements in gross
Sections 113 to 115 of the Act apply to forestry rights agreements under the Forestry Rights Registration Act 1983. The Act does not extend to other types of Agreements.
Section 115 of the Act does not apply to profits à prendre and easements in gross.
Compulsory easements
A compulsory easement cannot be merged or extinguished unless:
- the territorial authority revokes the condition requiring the compulsory easement under s243(e) RMA, or
- the territorial authority has consented to the surrender under s243(a) RMA.
Revocation of the easement condition
If a territorial authority issues a certificate revoking the easement condition under s243(f)(ii) RMA, the certificate should be lodged for registration using the instrument code C243. The certificate should be prioritised in the dealing before the instrument surrendering the easement.
If the territorial authority revokes the easement condition prior to the approval of a related survey plan, the territorial authority can give a TA e-certification to this effect as part of the survey plan approval process.
Territorial consent to a merger or extinguishment of easement
If the territorial authority has consented to the merger or extinguishment of easement, the consent must be retained as evidence together with the A&I form.