Easements

What is an easement?

An easement is a legal agreement registered on a land title, that protects right to access and maintain equipment or assets on, over or under land owned by another party.

Types of Easements

Easement in Gross in Favour of Westpower

Westpower will require an Easement in Gross over land that equipment or assets are installed, where Westpower is the owner of the equipment or assets.

Burden-Benefit

Previously known as Servient-Dominant Tenement, a Burden-Benefit Easement is between two properties. If you require your service mains to cross another property, a Burden-Benefit Easement will be required.

This also applies to properties with the same landowner but held under separate land titles. This ensures future supply can be maintained if the titles are sold independently.

See our Ownership page for more information.

Agreement to Grant

In some instances, Westpower or their agent, may have you sign an Agreement to Grant an Electricity Easement. This agreement is to allow connection requests to continue, while temporarily protecting both parties. An Agreement to Grant must be followed up with the Easement being registered. The responsibility of the Easement registration is dependent on the nature of the job.

How to obtain an Easement

In order to obtain an Easement, you will need to engage a surveyor and a lawyer. Both the surveyor and lawyer will guide you through the process and their requirements. Where necessary, they may contact Westpower to discuss requirements.

You can find a surveyor here - Survey Spatial New Zealand

You can find a lawyer here - NZLS | Find a lawyer

Who pays?

Burden-Benefit

If you have submitted a Customer Initiated Works Request and it has been stipulated as a requirement that an easement is required between yourself, and your neighbour/s, it is the responsibility of the initiating customer to pay all costs associated with obtaining the easement.
This can include survey fees, your lawyer’s fees, your neighbours’ lawyer’s fees, and any costs associated with the registration of the easement.

Easement in Gross in Favour of Westpower

If you have submitted a Customer Initiated Works Request and it has been stipulated as a requirement that an Easement in Gross is required, it is the responsibility of the initiating customer to pay all costs associated with obtaining the Easement.
This can include survey fees, lawyer’s fees, Westpower’s lawyer’s fees, and any other costs associated with the registration of the Easement.

If Westpower wishes to install equipment on your property, Westpower will cover survey costs, their lawyers’ fees and costs associated with the registration of the easement.

Westpower may contract an agent to act on their behalf.

Note: you may have Westpower’s assets on, over, or under your property without an Easement. Equipment installed prior to 1 January 1993 is protected under Existing Works Rights in the Electricity Act 1992.

If you have any specific questions regarding an easement, please contact us on 03 768 9300 or email easements@westpower.co.nz.