Right of way

A right of way is a registered easement allowing passage over part of another party's land, most commonly for vehicle or pedestrian access.

Why it matters to investors

Rear sections, cross-lease sites, and many subdivided properties depend on a right of way for access. Three things determine whether it is a problem:

• Width and formation — is it wide enough for the intended use, and adequately formed?
• Maintenance obligations — usually shared between benefited parties, often in proportion to use. The terms are in the registered instrument.
• Permitted use — some rights of way are limited to pedestrian access, or exclude heavy vehicles, which can affect development.

Common misunderstanding

Shared driveways are the most common source of neighbour disputes in New Zealand residential property. Parking on it, blocking it, maintenance cost-sharing, and gates. Read the instrument, and consider how the arrangement will function with tenants who have no relationship with the neighbours.

"Quiet enjoyment" can be genuinely compromised by a badly-functioning shared access, and that affects both rentability and resale.

Related terms

Last reviewed: 1 August 2026 · General information only, not legal advice.

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