Rajalingam v Patel [2017] NZDC 16274

Published 14 December 2017

Application to extinguish an easement — whether there had been a sufficient change since creation of easement — easement — Property Law Act 2007, s 317. The applicants wished to extinguish a registered easement on their property which permits both pedestrian and vehicular passage so that they may build a bigger house. The court found that due to the subdivision change and the vehicular access from the second street, that there has been a sufficient "change" since the easements creation. The court found that the easement could be modified and its width reduced to 1.5 metres and that the applicant is to pay the respondent $40,000 for the reduction in value of the respondents property. Judgment Date: 31 July 2017