What Are Title Burdens? A Plain-English Guide for NZ Buyers

What shows up on a New Zealand property title?

When you buy a property in New Zealand, the record of title (sometimes still called a certificate of title) is the official document that shows who owns the land and what rights or restrictions apply to it. Land Information New Zealand (LINZ) keeps these records — all titles have been stored electronically since 2002, after earlier paper records were converted to digital format.

But ownership is just one part of the story. Your title also reveals what are often called "burdens" — legal obligations or restrictions that can affect how you use the property, even though you own it.

What exactly is a title burden?

A title burden is any registered interest, right or restriction that affects your land. The most common examples are easements and covenants.

Easements give someone else (often a neighbour or utility company) the legal right to use part of your land for a specific purpose. For instance, your neighbour might have a registered easement allowing them to cross a corner of your section to reach their driveway, or a power company might have an easement to maintain lines across your property. Covenants are promises or rules that "run with the land" — meaning they bind not just the original owner, but every future owner too. Under the Property Law Act 2007, covenants on "burdened land" continue to apply when ownership changes hands, whether you're buying from the original covenantor or from someone down the line.

These interests are registered with Land Information New Zealand, so they should appear on the title when you (or your lawyer) order a copy.

Why do title burdens matter?

Because they can limit what you're allowed to do with your property — sometimes in ways that aren't immediately obvious.

If there's an easement over part of your section, you may not be able to build a garage, plant large trees, or alter ground levels in that area without the easement holder's consent. Some easement conditions specifically prohibit the landowner from erecting buildings or structures, altering dimensions of existing buildings, planting vegetation, carrying out earthworks, constructing roads or driveways, or removing soil or rock from the burdened area.

Covenants might restrict the colour you can paint your house, whether you can run a business from home, or the type of fencing you're allowed to install. In some developments, covenants were put in place decades ago and can feel quite restrictive by today's standards.

What changed with fees in 2025?

On 3 February 2025, LINZ introduced new survey and title fees. If you lodged any title dealings, survey plans or requests on or after that date, the updated 2025 fees applied. If you lodged before 3 February, the old 2024 fees still applied to that transaction. All fees include GST.

The change doesn't alter what information appears on a title, but it's worth being aware of if you're ordering historic records or dealing with survey work as part of a property transaction.

How do I find out what burdens affect a property?

Your lawyer or conveyancer should review the record of title as part of your purchase. This is the legal document that contains the property's legal description, ownership details, and any registered rights or restrictions.

You can also order a current record of title yourself, which shows all interests currently registered against the title. If you want to see the full history — including interests that have been removed or discharged over time — you can request an historic record of title. Keep in mind that an historic record only provides information from the date that particular title was created; for earlier details, you may need to track down prior title references.

What if the title has issues?

Some properties — particularly cross-lease titles — can have defects that complicate a sale. It's worth checking with your conveyancer whether the title is clean or if there are any irregularities that might need sorting before settlement.

Freehold (also called fee simple) is the most common and typically the most straightforward ownership type in New Zealand, but even freehold titles can carry easements, covenants or other encumbrances.

A few things worth noting

Title burdens are a normal part of property ownership in New Zealand — most titles have at least one or two registered interests. The key is understanding what they mean for your plans.

If you're looking at a property with easements or covenants that seem restrictive, it's worth asking your lawyer what they actually prevent you from doing (and what they don't). Sometimes the language is broad but the practical impact is minimal. Other times, a seemingly minor easement can rule out the renovation or addition you had in mind.

And if you're buying a luxury property and you're an overseas investor, be aware that recent law changes (effective 6 March 2026) have updated the rules around foreign ownership, particularly for high-value homes.

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Disclaimer: This article is for general information only and is not legal advice. If you have questions about a specific title or property transaction, we'd recommend speaking with a lawyer or conveyancer. You can find one at www.lawsociety.org.nz/find-a-lawyer. Want to understand your contract better? Clause's AI-powered review tool can help you spot potential issues in property agreements before you sign. Try a free preview today — no credit card required.

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This is general information, not legal advice. Always consult a qualified professional. Find one at lawsociety.org.nz/for-the-public/find-a-lawyer/