A Driveway Dispute - What Property Owners Need to Know

A rural couple is now facing criminal charges after repeatedly using a driveway they didn’t own and had no legal right to use. They were warned. They kept going. Now the police are involved — and it’s no longer just a neighbourhood disagreement.

This wasn’t a case of a shared accessway or a blurry boundary line. The facts were straightforward: the driveway sat entirely on the neighbour’s land. There was no registered easement, no agreement, and no legal justification for them to be there.

Under the Land Transfer Act, the registered title is what counts — and in this case, it clearly showed the couple had no right of access over the neighbour’s property.

According to an article by Stuff.co.nz (10 May 2025), the neighbour offered to formalise access, but asked for compensation — something that’s entirely reasonable when one property owner is giving up part of their land for another’s benefit. The couple rejected the deal and instead of negotiating or seeking legal advice, the couple chose to
keep using the driveway.

Could the couple have argued for an Equitable Easement? Well maybe they thought so.

In rare cases, equity can provide relief when someone has used land over a long period and been led to believe they had the right — like an informal access arrangement or an implied promise.

But under the Property Law Act, the threshold for an equitable easement is high. Courts may consider granting one only where:

• There was a clear understanding or agreement;
• The landowner allowed the use over time; and
• The user relied on that permission to their detriment.

But if:

• You never had permission;
• You were told to stop; and
• You carried on anyway...

... then equity won’t come to your rescue. And that’s exactly what happened here.

There’s a big legal difference between “we’ve always done this” and “we’ve always had the right to do this.”

This whole situation could’ve been prevented with a few proactive steps:

• Check your title – Know what’s yours and what’s not. The Land Transfer Act makes it clear that what’s on the title is what matters.
• Formalise access – If you’re using someone else’s land, get it in writing. Easements aren’t just for developers — they protect both parties.
• Communicate early – Often, a respectful conversation with your neighbour can prevent years of drama (and legal bills).
• Heed the warnings – If someone tells you to stop using their land, then stop immediately and seek legal advice.

Just because something seems minor — like using a driveway — doesn’t mean it is under NZ property law. Boundaries matter. Registered title matters.

If you’re unsure about your access rights, planning a subdivision, or dealing with a boundary issue, don’t guess. Talk to a lawyer early.