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  1. #1

    Lightbulb Crosslease - building up and conservatory specifics

    We have a house on a crosslease. The current footprint shows and specifies a conservatory. We want to replace this space.... but not neccessarily with a conservatory. Could we make it an extra room, rather than a conservatory? Does it matter seeing as the footprint is there?

    If it does have to be a conservatory, what is the definition of one? Glass wall to wall and ceiling?

    Also, are there any issues with building upwards (second storey) in regards to the cross lease? Obviously there are planning permissions/permits etc but does this effect the lease?

    Thanks in advance.

  2. #2

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    Get on well with the other owner is all i can say, he can put a stop too all your plans as everything needs to be passed by them.

  3. #3

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    I only have good experiences with cross lease properties, better ROI and don’t forget - you have control over your neighbour, too!
    Why would your neighbour reject you plans if not affected? You will find plenty of boundary disputes and issues with awkward neighbours totally out of your control on a freehold title.

    The key is read the lease document attached to the title, it will tell you what your obligations are.

  4. #4
    Join Date
    Dec 2010
    Location
    Cambridge, NZ
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    As long as you don't alter the shape of the footprint, and get the approval of your co-landlord and record that consent, you will probably be alright....but see below.

    I would check the cross lease plan though....is the conservatory described differently to the flat itself? I would hope it is treated the same, but if it is treated as a separate area of lease, then when you come time to sell it is possible you will strike very cautious purchasing lawyers that regards the no-longer conservatory as a defect in the title that should be fixed by depositing a new flats plan that doesn't record that area as conservatory but as part of the flat. It is also remotely possible that you would strike that situation even if the conservatory is already part of the flat.

    You would then, I think, reject the requisition against title and see who wants the sale more and gives in...the vendor or purchaser.

    A little bit of an annoying situation to be in. In any event you can minimise your risk by getting written landlord consent, with the signatures of all cross-lease owners, to your plans.

    Then of course you have the issues of mortgagee and council consent to get through.


 

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