Cross Lease - Owners permission

[investorak]

If you have a property and its cross lease, 2 properties on the full site. half share

If you want to extend or make any changes do you need to get the other owners permission?

Do owners normally give permission if it doesnt really affect them? What if it doesnt affect them and they still say no?

[donna]

Hi investorak,


Yes, and best to read the cross lease agreement.


Ignorance is not bliss. Many a 'neighbours at war' story on here and mostly due to X lease agreements.


cheers,


Donna

[Bobsyouruncle]

Yes you do need their permission.
Read your lease, usually it says that consent cannot be unreasonably withheld.
If it is not going to affect your neighbour you can take them to court to force approval. It takes about 5 grand to do.
Neighbours frequently withhold consent because people are pricks these days sadly.

[investorak]

what about if you stay in the same floor area as the lim and go up?

Guess will stay the same with the unitary plan coming out

[Bobsyouruncle]

You cannot do anything at all usually without consent. You cant even renovate without consent. The whole set up is a disaster and many people ignore it but the law says you can do nothing. If you went up without consent and this affected the other parties sunlight, privacy or views they can take you to court and you would probably lose and have to pull it down.

[Anthonyacat]

You cannot do anything at all usually without consent. You cant even renovate without consent.

This depends on the lease. Perhaps this is true on older ones, but my late-90s property in Clendon Park doesn't prevent renovations. I'm only prevented from doing anything that would alter the flats plan. I do wonder about going up, actually... It's a clever idea in theory.

[Bobsyouruncle]

Could be Ant, most are from the 80's that I have.

[The_Dog]

Buy the other property, and then you'll never have any trouble with the 'other' owner.

I'm serious. It worked for me.

If the buying criteria worked for your initial purchase, it should stack up for the other dwelling as well?

[Ivan McIntosh]

Just to repeat the earlier advice, it depends on the lease. I would think that most leases control building alterations and that Anthony's is an uncommon type. If they refuse consent you could try and get it into the Disputes Tribunal for a cheap resolution rather than the District Court....or the lease might specify another form of dispute resolution such as arbitration. Have a read, first and foremost.

[Bobsyouruncle]

Tribunal will normally force you to arbitration in my experience. Depending on the lease wording of course.