Another land title Q, Houses listed on Unit Titles?

[OnTheMove]

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?

[eri]

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

[OnTheMove]

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.

[Wayne]

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.

[OnTheMove]

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.

[Wayne]

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?

Generally just the law of decency.
Neighbour wars happen around non cross lease properties also.

[John the builder]

if your neighbour in a freehold blocked the dribveway you could tresspass them or get police help but if this is a cross lease then it is a civil matter.

You dont seem to appreciate the basic consequence of cross lease. You are all joint owners of the same land.

If you have good owners then fine, but the issues come when you dont? (or you want to make changes and the others dont cooperate)

are you sure you own the carport?? Is it shown on the flats plan??

[OnTheMove]

are you sure you own the carport?? Is it shown on the flats plan??

Ive not dealt with cross lease before John. Which piece of paper work will show me what is my boundary?

Surely there are wordings in a cross lease to prevent other owners from entering your property and house etc?

[OnTheMove]

are you sure you own the carport?? Is it shown on the flats plan??

Hi John, really appreciate your help. tried to send you a PM but your inbox is full and I cant send :-)

[Wayne]

Ive not dealt with cross lease before John. Which piece of paper work will show me what is my boundary?

Surely there are wordings in a cross lease to prevent other owners from entering your property and house etc?

Your house will be exclusive use - yours.
As will any areas designated exclusive in the Flats Plan. The Flats Plan is the key here - along with the lease document.
Shared space can create issues if people act like shits!
Sections with right-of-ways (shared drives) can have the same issues if the neighbours behave unsociably.

[OnTheMove]

Your house will be exclusive use - yours.
As will any areas designated exclusive in the Flats Plan. The Flats Plan is the key here - along with the lease document.
Shared space can create issues if people act like shits!
Sections with right-of-ways (shared drives) can have the same issues if the neighbours behave unsociably.

It states "Boundaries of Areas to be leased are along exterior face of walls AND structures and the centre of interior walls"

It has an image of the original 1920 property Im after, some land, then fencing line all around it to the carport which is included as a box in the image and connected to the original property.

So does that mean the land that is inside the fencing for the property is not communal ground? Ie Im not going to have the neighbours in flats down the back jumping my fence and claiming the land is communal?

[Wayne]

It states "Boundaries of Areas to be leased are along exterior face of walls AND structures and the centre of interior walls"

It has an image of the original 1920 property Im after, some land, then fencing line all around it to the carport which is included as a box in the image and connected to the original property.

So does that mean the land that is inside the fencing for the property is not communal ground? Ie Im not going to have the neighbours in flats down the back jumping my fence and claiming the land is communal?

Does the Flats Plan (the picture) show exclusive and shared areas?

[OnTheMove]

Does the Flats Plan (the picture) show exclusive and shared areas?

It shows a diagram of all properties walls and fences etc, which that sentence refers to. The only labelled common ground is the driveway.