Absolute Land Solutions

Resource Management, Town Planning and Land Surveying Professionals

Definitions - E - H

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This page has the following surveying and planning terms are explained: easement, easement certificate, easement in gross, easement plan, esplanade reserve, esplanade strip, existing use certificate, and hydrographic surveying.

 

An Easement is the legal right for owners of one property to carry out some form of activity over another property . The easement area is shown on the survey plan and an easement document is prepared by your solicitor and recorded on the new certificate of title. Some examples are:

• a water easement allowing water to be conveyed to property 'C' over property 'D'

• a right of way easement allowing the owners of property 'A' to move over property 'B' in order to gain access to their property

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An easement certificate is the term used for the registered legal document for an easement on a certificate of title (registered with LINZ) . An easement certificate denotes what easements exist, references a plan that shows the easements, and identifies how the easement works (e.g. maintenance of a right of way or a drain).

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An easement in gross is an easement whose benefit is in favour of a specific entity or organisation rather than another piece of land. Some examples of an entity or organisation who may be entitled to be included as the benefactor of an easement in gross are:

• city, district or regional  councils. for example, Auckland City, Dunedin City Council or Southland District Council.

• Telecom New Zealand

• The Power Company

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An Easement plan is a type of survey plan undertaken when a property owner needs an easement created over their property or an adjoining property. The plan is done when there is no need to undertake a subdivision. An easement plan does not require resource consent or approval from the Council except when a right of way is being created.

Some common reasons for such a survey are:

• Council is placing a pipeline and an easement in gross is required over the property.

• A power line is being placed through the property.

• A right of way is being placed over one property for access to another property.

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An Esplanade Reserve is a reserve whose ownership is vested in either the District Council, City Council, Regional Council, or in the Central Government. The purpose of an Esplanade reserve is to provide access to and along a river, lake or sea.

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An Esplanade Strip is a type of easement over a property whose ownership will remain in private ownership. An esplanade strip works similarly to a right of way easement, giving the public access rights to a stream, lake or the sea, but the land remains in private ownership.  Under an esplanade strip agreement there are times of the year when the land owner may prohibit access, such as around lambing time each year.

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An Existing Use Certificate is a certificate from the Council that -

(a) describes a use of land in a particular location; and

(b) states that the use of the land was a use of land allowed by the Council on the date on which the certificate is issued; and

(c) specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate.

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Hydrographic Surveying is the measurement of a water body. This includes the mapping of a river bed, lake bed or the sea floor.

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