New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Vesting of land as road

Legal area

Court

10 Mar 2022

RE TEMPLETON PEGASUS LIMITED [2022] NZHC 424

Citation

[2022] NZHC 424
Court

High Court

The covenants were extinguished because lots 8-10 will be vested in the Council for confined ancillary utility (road) use such that the covenants have no meaningful application and their extinguishment will not substantially injure any person entitled, satisfying the statutory criteria in s317 Property Law Act 2007.
26 Mar 2018

RE: BELFAST BUSINESS PARK LIMITED [2018] NZHC 554

Citation

[2018] NZHC 554
Court

High Court

Given there was no opposition, the covenants as drafted impeded reasonable use of the burdened land for the Stage 2B Road in a manner not reasonably foreseeable at creation, and the proposed modification would not substantially injure the benefitted land, the court exercised its s317 discretion to modify the easement instrument as sought.