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The Strange Case of the 'Disappearing' Easement.....

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  • The Strange Case of the 'Disappearing' Easement.....

    EASEMEMENTS: I recently had a chat with a friend who spent many of his years farming in South-west Auckland. The conversation turned to the subject of Water-Supply Easements on rural land titles and he floored me with a tale of a property sale of farming land between himself and his company in which, when the new title was issued, the previous Easement had somehow 'disappeared' from the new title. He wasn't having a joke with me but it left me itching to know how this was possible, surely a water supply Easement is inviolate and should be permanently attached to a title throughout any subsequent sale? Am I missing a trick here? Can anyone, perhaps a solicitor or a conveyancing specialist comment on this and advise me of any circumstances or examples they know of where this may have arisen? I am keen to know the details and the 'mechanism' behind it.
    Thanks.

  • #2
    LINZ is not failproof, mistakes are made including instruments that do not fall down to new titles, I've seen it happen. Unless there is either a condition within the easement instrument that extinguishes the easement, and yes sometimes those conditions are the change of landowner, or for various other reasons, or it was surrendered then I cannot see why it would not remain with the land and therefore not be shown on the new tile.

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