31 May 2021
CORNES v VILLAGE RESIDENTIAL LIMITED [2021] NZCA 216
- Citation
- (2021) 23 NZCPR 115
- Court
- Court of Appeal
The Court held that the right of way easement, when read with the statutory implied covenants in sch 5 PLA and common law ancillary rights, permits the benefited owner to upgrade and alter the driveway as necessary to enable lawful use of the benefited land (including compliance with lawful subdivision conditions); drainage works that are integral to construction and management of stormwater for the driveway do not amount to the grant of a separate drainage easement.