Building a shed on a cross lease without neighbour permission. What are our rights?

[friendly_prawn]

Living on a cross lease property. Very nice neighbours on one side of the drive. We have the larger section on the opposite side of the drive. On the front of our section we have a big flatish grass area. The neighbours have very little flat grass area on their side of the property. They asked if their kids could come play on our side of the drive on our lawn, which I said, "please treat it as your own" Which they have done on the odd occasion..

Now comes the time I need a shed and spoke to them about putting a shed on our side of the shared driveway on our front lawn. Been over a month and they just aren't giving me an answer. Last time I spoke to them, the wife said, but I like looking at the grass. So Im now assuming its a no. Although I will keep pressing them.

I have been all through the title and cant see anything specific in there. Just a plain simple cross lease title with no condition that pertain to ownership or use.
So im wondering where to from here? Im thinking of calling my lawyer tomorrow for a chat to see what he thinks but wondered if anyone in here had any ideas or knowledge in this area? Someone said that they have the option to say no but it must be for a reasonable reason.. Any truth in that?

Can I just go ahead and dump a couple of shipping containers on my front lawn? Could that be the answer?

Or am I screwed if they play hard ball as I suspect they will. Any thoughts appreciated.

[RollingCloud]

This explains it well:

https://homelegal.co.nz/blog/purchasing-a-cross-lease-property-nz-things-to-look-out-for/

Also the Lease document will be a separate document held at LINZ that determnes the do's and dont's, it wont be encompassed with the title document.

[friendly_prawn]

This explains it well:

https://homelegal.co.nz/blog/purchasing-a-cross-lease-property-nz-things-to-look-out-for/

Also the Lease document will be a separate document held at LINZ that determnes the do's and dont's, it wont be encompassed with the title document.

Awesome.. Thanks so much for your help..

[friendly_prawn]

This explains it well:

https://homelegal.co.nz/blog/purchasing-a-cross-lease-property-nz-things-to-look-out-for/

Also the Lease document will be a separate document held at LINZ that determnes the do's and dont's, it wont be encompassed with the title document.

Have just ordered necessary forms from LINZ.. Thanks so much Rolling Cloud..

[donna]

Why not get a ready made shed and if it can be moved then it's not a fixed structure. There are a few at the DIY stores - Mitre10, Bunnings etc and garden centres. Get one the size you need and you may find there's still enough grass area for your neighbour. This solution avoids time, and getting offside with your neighbour etc.

Plus I kind of agree, not sure a fixed structure 'shed' would be all that aesthetically pleasing so when you come to sell it might be seen as an eyesore. At least with a moveable shed - the problem is solved - just move it.

cheers,

Donna

[friendly_prawn]

Im looking something at least 8x8.... I probably should have used the term garage..

[donna]

Do you already have a carport that could be turned into a garage? The reason I ask is - if you've already got the footprint then closing it in would be an easier sell to the other cross lease owner aye.

cheers,

Donna

[klauster]

Dealing with cross-lease properties for more than 20 years, never asked, never had a problem.
Just follow the lease document as it describes yours and the common area.
If you add value to the land (owned by all) the neighbour benefits as well.

[friendly_prawn]

have tried to explain to the neighbour that it will add real value, but they said they cant see it.. Tried to explain the value of their house is what their neighbours houses are, but they just appear to be away with the fairies on this. IN the end the reply I got was, no as I cant see how it benefits us.. Cutting off their nose to spite their face..

I rang the council and the council said, we dont get involved, we'll just issue consent regardless of the neighbours feelings. Its not our problem. :-)

[Wayne]

have tried to explain to the neighbour that it will add real value, but they said they cant see it.. Tried to explain the value of their house is what their neighbours houses are, but they just appear to be away with the fairies on this. IN the end the reply I got was, no as I cant see how it benefits us.. Cutting off their nose to spite their face..

I rang the council and the council said, we dont get involved, we'll just issue consent regardless of the neighbours feelings. Its not our problem. :-)

I'm not sure I see the value add for them either.
You build yourself a large shed - how does that increase the value of the other property when they can't use it?
Check with the flats plan that where you wish to build said shed is actually your exclusive use rather than common area - the drive may not delineate this as you think.

Council are correct - not their issue.

[friendly_prawn]

It will add value to their property! With the intention of our build is to turn our current garage in to, two bedrooms, which will effectively turn our house in to a 5 bedroom house. Garage will then be moved to the front of the section. Real estate agents estimate it will add between 200 to 250k to the value of our property! The higher the value of your neighbouring houses, the higher the value of yours. Shed is to be built on to our exclusive area.

[friendly_prawn]

Do you already have a carport that could be turned into a garage? The reason I ask is - if you've already got the footprint then closing it in would be an easier sell to the other cross lease owner aye.

cheers,

Donna

No other sheds or carports.

[friendly_prawn]

Im seriously considering just ignoring the neighbours and going ahead with it. I have found in the cross lease agreement, the other party must have genuine cause to stop me doing something on my exclusive area. Saying they would rather look at my grass then my new shed just doesn't cut it.
There is a part where the lawyer said we can go through mediation. But I just dont see the point.

[Wayne]

Im seriously considering just ignoring the neighbours and going ahead with it. I have found in the cross lease agreement, the other party must have genuine cause to stop me doing something on my exclusive area. Saying they would rather look at my grass then my new shed just doesn't cut it.
There is a part where the lawyer said we can go through mediation. But I just dont see the point.

You could create issues down track when you can't sell because you have title issues if the neighbour won't allow you to add the garage to the flats plan because you need their permission to change the flats plan.
This is the primary issue with cross-lease titles.

[friendly_prawn]

lawyer I spoke to today informed me of that.. But I dont see it being a problem. Imagine me selling my property and saying "the shed is all council permitted and has council consents but it's not shown on the flat plan so as part of the sale I'll remove it. How many buyers do you think would want it removed? I think most would want it kept..