Crosslease - consent needed??

[pl]

I have an IP on a crosslease, and the other property owner is wanting to build another level on his one. I don't want this to happen as it will block out the tiny view of the sea that I have.

He wanted consent, but I denied. He's already got consent from the neighbours. He's saying that he doesn't really need my consent anyway as he's not increasing the 'footprint'?? I thought under a cross-lease any alterations needs the consent of the other owners of the crosslease. (even if it's very small alterations)

Where do I get information that explains all this. Tried searching, but not getting much detail.

He also mentioned that there might be a hearing if the council deems necessary, but pretty much indicated that he'll get Council consent without a hearing.

[xris]

Hello pl,

He may have a point but it is difficult to comment further without specific information.

Best I can do is suggest you speak to a lawyer who has detailed knowledge of crosslease titles and getting neighbours approval and resourse consent issues. Any experienced conveyancing lawyer should be able to advise. It may be well worth the money having an hour's meeting with him/her.

xris

[GJB68]

I very much doubt he can put another level on without your consent, one of my cross leased properties states I have to have consent to paint the house!

There will be a copy of the cross lease agreement somewhere, bank, lawyer.

As Xris has suggested, contact your lawyer ASAP and let us know the results, I am very interested in the outcome.

Glenn

[Real buzz]

Hi, I'd be interested in the outcome too. I was following an up and coming auction on a cross leased IP which is a one eight share. 3 years ago the resident obtained consent from the affected parties and built a single garage attached to the house.
The garage has a code of compliance certificate. Could anybody tell me whether this alteration should also be registered and show on the title plan please. Otherwise how are people meant to spot what has or has not been legally consented to as per crosslease conditions (LIM accepted of course).
Buzz

[pl]

Spoke to laywer, and need to get a copy of the cross lease document. So far the council won't be able to stop him from building if he complies with the council regulations. But he needs my consent before building. Something I can take him to court for.
If there are any alterations (eg a garage), then I believe that the title should be changed. Will keep posted. Any more advice welcomed!

[charlotte30]

Dear Pl
A question springs to mind. Why is he asking you for consent if he says that he does not really need it? I believe that the Council should have a copy of the cross lease document on their files for that address. The file should also identify the surveyor who did the cross lease. It would be worthwhile talking to them for further information.

Charlotte 30

[Traff]

Consent

Legally he will need your consent as X lease owner , if you refuse he can take the matter to court for a resolution though.You must have adequate grounds to refuse.Why not ask him to pay to fee simple the property adding value to yours as compensation for the works ?

Mark

[pl]

So far, everything says that he does need my consent to make any alterations. Matter of just waiting if he still decides to build. The alteration really blocks in my place, including blovking out the sunlight.

[xris]

There are two issues here from what I can see and they should not be confused.

1/ The right or otherwise of your neighbour and co-lessee on the crosslease title to build up without your consent.

2/ This same neighbour's right to block your light and view.

I would think they are covered by different legislation.

xris

[pl]

Thanks Xris. Isn't (2) my reason for blocking (1)?
Also spoke with council, and they confirm that my consent will be needed if he wants to build. That's reassuring as I was concerned that he'll build anyway with my consent as a cross-leasor.

[xris]

Thanks Xris. Isn't (2) my reason for blocking (1)?
Also spoke with council, and they confirm that my consent will be needed if he wants to build. That's reassuring as I was concerned that he'll build anyway with my consent as a cross-leasor.

Hello pl,

2 may be your reason for blocking 1 but that does not really matter I would think. I think you would not need to give any reason for refusing to allow him to alter the floor plan on the title. His 'breach' of 1 is that - he's altering your shared title, which he cannot do without your permission.

For 2, he is [robably in breach of local and national laws relating to sunlight and views, buildings and set-backs etc. Often someone like him will need to get approval from various neighbours first. Sometimes he could get permission even if one "awkward" neighbour objects, but it means extra hassle for him, going through a drawn out process possibly including the courts.

I'd suggest though that you see a lawyer and don't relie on my, or anyone else's opinion. The council may have been thinking of the local building laws, not the crosslease issue, or vice-versa.

xris