Rights-Of-Way

This page explains the right-of-way and the process for creating one on a property in the Tasman District. 

A right-of-way is a particular type of easement, which allows the owners of one property to have vehicle and/or pedestrian access over a portion of another property.

A right-of-way or easement will be described as having 'servient' and 'dominant' tenements.  The servient tenement is the property that owns the land over which the right-of-way or easement passes, and the dominant tenement is the property that has the right to pass over or access the land over which the right-of-way or easement passes.

A right-of-way easement can be created either as part of the subdivision process or by application to Council under Section 348 of the Local Government Act.

The Tasman Resource Management Plan specifies minimum formation standards for rights-of-way which can be included as a condition of any consent to create a right-of-way.

Private right-of-way easements can be changed. Legal advice should be sought as there are a number of options for this process. Generally any change would require the agreement of both the dominant and servient parties. Council permission may also be required if the right-of-way was a condition of a subdivision consent.

 Please refer to Engineering Standards for construction details for right-of-ways.