✨ Easement Agreement Details
NEW ZEALAND GAZETTE, No. 8 — 26 JANUARY 2017
South Auckland Land District—Whakatane District
Schedule
First Schedule
The Grantor’s Land
Part Allotment 60C Rangitaiki Parish contained in B094033 (South Auckland Land District).
Second Schedule
Easement to be Acquired
A right of way easement over that part of the easement land marked “B” on SO 497996.
Third Schedule
Terms of Easement Over the Easement Land
Background
A. The Grantee wishes to receive the benefit of the right of way easement.
B. The Grantor has agreed to grant to the Grantee an easement over the Grantor’s land (as set out in the First Schedule) (“Servient Land”) on the terms and conditions set out in this Deed.
Terms of This Deed
1. Definitions and Interpretation
1.1 In this Deed (including the Schedules)
Deed means this deed, the background and the Schedules.
Dominant land tenement means that piece of land situated in the South Auckland Land District containing 8045 square metres, more or less, being Section 2 SO 60568 and being all the land comprised and described in B489339.1 (South Auckland Land Registry).
Easement Land means the area of the Grantor’s Land marked “B” on SO 497996 within which the Grantee may exercise the rights granted by this Deed.
Grantee includes the Grantee’s servants, agents, employees, workers, invitees, licences and contractors.
1.2 In the interpretation of this Deed, unless the context otherwise requires:
1.2.1 the headings and subheadings appear as a matter of convenience and shall not affect the interpretation of this Deed;
1.2.2 references to any statute, regulation or other statutory instrument or bylaw shall be deemed to be references to the statute, regulation, instrument or bylaw as from time to time amended and includes substitution provisions that substantially correspond to those referred to; and
1.2.3 the singular includes the plural and vice versa and words incorporating any gender shall include every gender.
2. Grant of Easement
2.1 Pursuant to section 48 of the Public Works Act 1981, the Grantor grants to the Grantee the following easement:
2.1.1 The right to from time to time and at all times have a right of way over the Easement Land.
2.1.2 The right from time to time and at all times to enter, exit, pass through and remain on, under or over such part of the Grantor’s Land as is reasonable for the exercise of the rights granted under this Deed the Easement Land from time to time and at all times for all purposes reasonably necessary for the exercise of the rights granted under this Deed with or without vehicles or machinery necessary for such purposes but subject to the limitations expressed in the Deed.
2.1.3 The rights granted under this Deed are non-exclusive and are exercisable in common with the Grantor and any other person having similar rights either now or in the future.
3. Consideration
3.1 In consideration of the grant of easement in this Deed:
3.1.1 The Grantee shall pay the Grantor a lump sum payment of $1.00.
3.1.2 The Grantee shall observe the obligations imposed on it under this Deed.
4. Registration
4.1 It is intended that this easement shall be registered pursuant to section 48 of the Public Works Act 1981.
5. Obligations of the Grantee
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NZ Gazette 2017, No 8
✨ LLM interpretation of page content
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Right of Way Easement Acquired—Te Mahoe, Whakatane District
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🗺️ Lands, Settlement & SurveyEasement, Right of Way, Public Works Act, Whakatane District, Land Grant, Legal Terms