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  • Dickyboy
    Freshie
    • Feb 2010
    • 2

    #1

    Cross lease dispute

    I own an upstairs unit which needs to have the roof repaired. The downstairs owner has declined to pay towards the repair as he maintains it is my roof not his. What are my rights on this?
    Dickyboy
  • Davo36
    Fanatical
    • Sep 2007
    • 8450

    #2
    Are you sure this is a crosslease and not a unit title?
    Squadly dinky do!

    Comment

    • Xav
      Addicted
      • Sep 2006
      • 890

      #3
      If it is a crosslease you need to check the lease (probably best to have a lawyer do it).

      If it is a unit title it is complicated

      Comment

      • Dickyboy
        Freshie
        • Feb 2010
        • 2

        #4
        It is definately a cross lease & the lease is vague.

        Comment

        • essence
          Fanatical
          • May 2004
          • 3578

          #5
          Go to your lawyer and ask him what he thinks. Spending a bit of money up front to get it sorted, is better than having it drag through the courts - perhaps needlessly.

          You'll know then whether you can legally ask the downstairs owner for money towards your roof.

          The downstairs owner should also have had a copy of the cross-lease plans and the implications of same, given to him when he bought the property.

          You may be able to legally serve him notice to contribute towards the roof.
          Patience is a virtue.

          Comment

          • kolzee
            Opinionated
            • Oct 2004
            • 188

            #6
            Originally posted by essence View Post

            You'll know then whether you can legally ask the downstairs owner for money towards your roof.
            If not (and especially if it's a rental) then sell it and make it someone else's problem!!

            Comment

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