Davey v Baker - [2016] 3 NZLR 776

Property law — Easement — Whether registered right of way could be rectified — Whether common intention of parties recorded inaccurately — Whether Court had power to modify right of way — Whether party having exclusive right to use servient tenement had standing to apply to modify — Whether “person bound” by easement — Whether granting of relief would be just and equitable — Granting of leave to amend statement of defence discretionary — Whether granting of leave would change outcome — “Person bound” — “Person entitled” — “Positive covenant” — “Restrictive covenant” — High Court Rules, r 5.48.

Property law — Indefeasibility of title — Whether modification of easement would be intrusion on indefeasible title of owners of servient tenement — Owners were bona fide purchasers for value without notice — Whether desire to enforce legal rights unconscionable.