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  1. #11
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    May 2004
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    Quote Originally Posted by OnTheMove View Post
    .... What was the driving factor in the day to do it this way over a standard freehold subdivision? Costs/Fees?
    Giving title to air space. Think multi storey buildings with different owners. Before unit titles there was company share.

  2. #12

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    What was the driving factor in the day to do it this way over a standard freehold subdivision? Costs/Fees?
    Others might correct me but my understanding was that a surveyor wasnt required. The boundaries were not defined and the 'lot' remained the same. Council didnt insist on separation of services? Costs were the driver and the outcome was initially good but the issues come later when an owner wants to extend or develop his"area" and he finds out it isnt his.

  3. #13
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    Jun 2004
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    10,675

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    Quote Originally Posted by John the builder View Post
    Others might correct me but my understanding was that a surveyor wasnt required. The boundaries were not defined and the 'lot' remained the same. Council didnt insist on separation of services? Costs were the driver and the outcome was initially good but the issues come later when an owner wants to extend or develop his"area" and he finds out it isnt his.
    Are you talking cross-lease?
    The reason for cross-lease was to get another dwelling on a section that couldn't be subdivided but was big enough for 2 dwellings within the % coverage rules.
    It was a clever (at the time) way around the council rules.

  4. #14
    Join Date
    Sep 2008
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    7,658

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    i know of a cross-lease that was built in the 60s as a 5 floor motel? with about 60 units, 20 car parks

    at some stage it seems the motel closed, the title changed? to 999 year cross-lease and the units sold as individual apartments

    the bc is now apparently exploring the idea of changing to a more modern title structure

    the cost expected to be $10,000 - 20,000?
    have you defeated them?
    your demons

  5. #15
    Join Date
    Apr 2018
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    260

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    Quote Originally Posted by John the builder View Post
    Others might correct me but my understanding was that a surveyor wasnt required. The boundaries were not defined and the 'lot' remained the same. Council didnt insist on separation of services? Costs were the driver and the outcome was initially good but the issues come later when an owner wants to extend or develop his"area" and he finds out it isnt his.
    Thats was my "Guess" but wasnt in it back then so wasnt sure. Sort of like Minor Dwellings now I suppose, a way around the rules. Are we constantly finding loop holes due to Council restrictions? If so thats crap.

  6. #16
    Join Date
    Apr 2018
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    260

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    Quote Originally Posted by eri View Post
    the cost expected to be $10,000 - 20,000?
    Is that the cost to change a Cross Lease title?

    Who technically owns the land in these 999 year cross leases?

  7. #17
    Join Date
    Sep 2008
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    7,658

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    What is a Cross Lease title and do I have to be extra careful purchasing a Cross Lease Property?
    A cross lease title is where you share the ownership of the title with other owners of houses (called flats) but each owner has an exclusive lease of their house and surrounding areas noted on a flats plan usually for 999 years. All the owners share any common areas such as driveways and are responsible for the equal contributions to maintain common areas. Your conveyancing lawyers will be particularly vigilant when checking the title to make sure that the house (flat) that you are purchasing is correctly depicted on the flats plan. If there is an error on the flats plan, often it can be corrected by the vendor, but it can also be quite expensive to do so.

    This type of ownership has been commonly used in New Zealand and assuming the plan and lease is in order, it should not affect the value of your property at all. When purchasing a house on a cross lease title you need to check carefully the state of repair of common areas to be sure that you will not incur any unwanted maintenance bills after completion.

    A copy of the flats plan should be attached to the agreement showing exactly which flat you are intending to purchase. If you own a cross lease site you may not make any alterations to your flat without consulting both your Conveyancing lawyer and the owners of other flats on your title.

    http://conveyancing.co.nz/faqs
    have you defeated them?
    your demons

  8. #18
    Join Date
    Apr 2018
    Posts
    260

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    Quote Originally Posted by eri View Post
    What is a Cross Lease title and do I have to be extra careful purchasing a Cross Lease Property?
    A cross lease title is where you share the ownership of the title with other owners of houses (called flats) but each owner has an exclusive lease of their house and surrounding areas noted on a flats plan usually for 999 years. All the owners share any common areas such as driveways and are responsible for the equal contributions to maintain common areas. Your conveyancing lawyers will be particularly vigilant when checking the title to make sure that the house (flat) that you are purchasing is correctly depicted on the flats plan. If there is an error on the flats plan, often it can be corrected by the vendor, but it can also be quite expensive to do so.

    This type of ownership has been commonly used in New Zealand and assuming the plan and lease is in order, it should not affect the value of your property at all. When purchasing a house on a cross lease title you need to check carefully the state of repair of common areas to be sure that you will not incur any unwanted maintenance bills after completion.

    A copy of the flats plan should be attached to the agreement showing exactly which flat you are intending to purchase. If you own a cross lease site you may not make any alterations to your flat without consulting both your Conveyancing lawyer and the owners of other flats on your title.
    http://conveyancing.co.nz/faqs
    Thank you. This is where the neighbour can park his boat on common ground?

    I find it so odd houses seperated by the usual 3m to fencing, can be called flats. Would the title show what IS common ground, meaning is the persons house and land out the back of house, often designated NOT common land?

    Will be interesting to find the cost to convert to freehold given its 600sqm.

  9. #19
    Join Date
    Jun 2004
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    Quote Originally Posted by OnTheMove View Post
    Will be interesting to find the cost to convert to freehold given its 600sqm.
    Seperating the services (water, sewer etc) is often the expensive bit.
    With cross-lease they can be shared but with individual title they have to be seperate.

  10. #20
    Join Date
    Apr 2018
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    260

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    Quote Originally Posted by Wayne View Post
    Seperating the services (water, sewer etc) is often the expensive bit.
    With cross-lease they can be shared but with individual title they have to be seperate.
    Thank you.

    Ok have found the perfect house for her. Its on cross lease, but its the front property, with 2 units at the rear. It is fully fenced all around aside from the driveway and the carport.

    I feel that is as safe as you can get on a cross lease.

    Are there any clauses stopping the back units (2) from blocking my carport and access to the driveway? Ie can they park a boat in front of my car?

    Their properties are a good 30m further down the driveway.

    I realise I would need to see the titles to confirm what is common ground etc, but in General, is access to ones parking space not allowed to be blocked? Ie parking a boat at the front of the driveway entrance blocking my car and the other unit down the backs access to their parking?

    there is no other land. Not of interest to me anyway. Should I say, the Mrs.


 

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