Internal renovations cross lease townhouse
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|---|---|
| 1 | We are considering purchasing a townhouse that has half share of a crosslease section. If I want to remove a wall to open up a kitchen and a lounge, which will probably require council consent, do I have to get permission from my neighbour on the crosslease to do this work. We will not be extending the townhouse at all. catdog68 - 2021-08-27 13:41:00 |
| 2 | Ask your lawyer first off. Read your cross lease agreement. Probably nothing there regarding internal changes.Usually anything internal is your business and as you say may need council consent which is a separate obligation. travlr - 2021-08-27 14:27:00 |
| 3 | catdog68 wrote: no you don't, if the wall is not load bearing, you don't need to involve council either. gabbysnana - 2021-08-27 14:33:00 |
| 4 | Haven't got a cross lease agreement yet as only in the considering to purchase stage. Where do you find it, is it on the Title? catdog68 - 2021-08-27 15:37:00 |
| 5 | Ask for a copy travlr - 2021-08-27 17:15:00 |
| 6 | No problems with internal changes, do what you want. It's only the land coverage changes that could be a concern. msigg - 2021-08-27 17:31:00 |
| 7 | Lots of advice without anyone reading the lease. If removing the wall is strutual consent is likely required. johnston - 2021-08-27 18:11:00 |
| 8 | catdog68 wrote: The Land Agent should have a copy and should be more than willing to talk you through it before you also get it checked by your lawyer! sparkychap - 2021-08-27 18:58:00 |
| 9 | johnston wrote:
you only need to involve the other cross-lease party if you alther the footprint, fact clangie - 2021-08-27 19:24:00 |
| 10 | clangie wrote:
So you can ignore the lease? Sounds odd. johnston - 2021-08-27 22:53:00 |
| 11 | johnston wrote:
Its the way of the future. mrcat1 - 2021-08-28 01:43:00 |
| 12 | johnston wrote:
From the council building regs yes, but nothing to do with the crosslease. nzkiwisnz - 2021-08-28 08:29:00 |
| 13 | nzkiwisnz wrote:
You have carefully read the lease? johnston - 2021-08-28 08:31:00 |
| 14 | International Psychic Day was 1st August 2021. johnston - 2021-08-28 08:33:00 |
| 15 | johnston wrote: wasn’t that postponed due to unforeseen circumstances? sparkychap - 2021-08-28 08:36:00 |
| 16 | sparkychap wrote:
I didn't see that coming. johnston - 2021-08-28 08:39:00 |
| 17 | sparkychap wrote: toyboy3 - 2021-08-28 08:50:00 |
| 18 | toyboy3 wrote: Not that was just the L4 COVID lockdown. sparkychap - 2021-08-28 09:08:00 |
| 19 | catdog68 wrote:
Ignore the ill informed posts here. You need to refer to the lease. The last lease I looked at a few days ago held that the consent of the other flat owners was required for any strutual work. There is no such thing as a standard lease hence the need to refer to the subject lease. Even flats within the same cross lease can have have different leases whereas they should mirror each other. In this particular lease there were to be no pets and other flat owners had the right of inspection. Edited by johnston at 10:44 am, Sat 28 Aug johnston - 2021-08-28 10:42:00 |
| 20 | johnston wrote:
This. Need to talk to lawyer to read the lease document as not all are the same. Might require a new Flats Plan but get legal advice, not our guesses. amasser - 2021-08-28 11:00:00 |
| 21 | amasser wrote: lol gabbysnana - 2021-08-28 11:49:00 |
| 22 | johnston wrote: never been able to enforce either and then you have definition of structural, and then consent can't be withheld. gabbysnana - 2021-08-28 11:50:00 |
| 23 | gabbysnana wrote:
Good grief. In an effort to help the great unwashed. Leases can be enforced as any number of District Court and High Court cases attest. Consent can be withheld if its reasonable to withhold. Again, there are many cases. In any event, if consent wasn't required why mention it? A breach of the lease is requisitionable. What is so difficult to grasp that the lease should be perused prior to purchasing? There are any number of matters that could potentially affect the owner's use and enjoyment of the property. If consent is required, then its a simple task to obtain it. How's the deck coming along? Edited by johnston at 12:30 pm, Sat 28 Aug johnston - 2021-08-28 12:26:00 |
| 24 | gabbysnana wrote: Good grief. sparkychap - 2021-08-28 13:02:00 |
| 25 | Ok, the real estate agent had a copy of the title but not the lease. Do I have to get it thru my lawyer? catdog68 - 2021-08-28 13:41:00 |
| 26 | catdog68 wrote:
If the agent won't provide it yes. Your lawyer will check the lease out for you and advise what you are actually buying. johnston - 2021-08-28 13:54:00 |
| 27 | We were advised to seek all owners consent when upgrading our aluminium and changing out a door for a window. You are also at the mercy of other owners some who don’t seek advise and think they know it all or that the rules don’t apply to them only everyone else. travlr - 2021-08-28 14:59:00 |
| 28 | travlr wrote:
Welcome to the wacky world of cross leases. Not as wacky as some in this thread although an undivided share comes to mind. johnston - 2021-08-28 17:43:00 |
| 29 | johnston wrote:
Tut tut. mrcat1 - 2021-08-28 22:03:00 |
| 30 | Try refusing to pay her - then you will know what a cross lease is funkydunky - 2021-08-29 11:01:00 |
| 31 | funkydunky wrote:
ha ha ...very good! shanreagh - 2021-08-29 11:22:00 |
| 32 | sparkychap wrote: baha as if try it in court , let me know how you get on. gabbysnana - 2021-08-29 11:52:00 |
| 33 | johnston wrote: how your law degree coming along, still year one. gabbysnana - 2021-08-29 11:53:00 |
| 34 | gabbysnana wrote: No need plenty of others have done it for me. sparkychap - 2021-08-29 12:08:00 |
| 35 | gabbysnana wrote:
Intead of addressing my position, you irrelevantly attacked me. johnston - 2021-08-29 18:37:00 |
| 36 | Please remind me of the deck drama. Didn't they replace a window with a slider as well? zak21 - 2021-08-29 20:56:00 |
| 37 | zak21 wrote: https://www.nzherald.co.nz/business/deck-battle-turns-into-n sparkychap - 2021-08-29 21:26:00 |
| 38 | A poster here saying she could do what she liked on her cross lease. Advised no and to remove the deck. Court and bankruptcy followed. johnston - 2021-08-29 21:26:00 |
| 39 | johnston wrote: It was fascinating that she came on here to defend her 12m2 deck and fencing in of the common area. sparkychap - 2021-08-29 21:35:00 |
| 40 | ;The real estate agent is lazy. To sell any thing you must know all there is to know about what you are selling and not send a possible buyer on a paper hunt all around town doing his job for them. I bought a cross lease property 6 years ago and the agent gave me a copy of the crosslease document and the flats plan and informed me of some relevant clauses that would interest me,no animals onsite parkining as directed etc etc. A few years later the other house on property was listed and sold. The purchaser was told after settlement that no dogs were allowed on the property and this omission caused a lot of problems, so for you understand the paperwork and stick to it. Edited by hammer23 at 11:24 pm, Sun 29 Aug hammer23 - 2021-08-29 23:22:00 |
| 41 | sparkychap wrote:
She would have found encouragement from some in this thread. johnston - 2021-08-30 07:01:00 |
| 42 | johnston wrote: not from this bunch of Bush lawyers, put yourself out as real lawyers, well what happens then is worth thinking about. gabbysnana - 2021-08-30 07:58:00 |
| 43 | sparkychap wrote: Be about right. gabbysnana - 2021-08-30 07:59:00 |
| 44 | gabbysnana wrote:
So, how is the cross lease research coming along? Ready to apologise yet? johnston - 2021-08-30 08:03:00 |
| 45 | johnston wrote: And if the other party in the deck case had listened to these ignorant neighsayers, they'd have not successfully enforced their crosslease rights. Edited by sparkychap at 8:42 am, Mon 30 Aug sparkychap - 2021-08-30 08:42:00 |
| 46 | it depends whats in the cross lease agreement, but generally if it dosnt affect the flat plan internal work should be OK csador - 2021-08-30 22:13:00 |
| 47 | All the answers saying you need to read or get legal advice on the contents of the properties specific cross-lease is the only advice you should be following. Then, check with your council about the consent side. (two very different issues) The wording of the lease will then also determine if the two things are linked e.g. structural changes.. At a practical level (non-legal) if it is internal, even if permission is needed, so long as good relations with neighbours, then it is unlikely they would object. You may want to consider how tradies will access shared drives etc, hours of work to maintain neighbourly relations. bca - 2021-09-03 10:09:00 |
| 48 | I wouldn't touch a cross leased property with a 10 foot barge pole catwoman1974 - 2021-09-05 02:17:00 |
| 49 | cross leases are a strange beast., when we bought one in the early 90s our lawyer explained that we own our neighbors house and property and we lease it to them for 999 years, they own our house and property they and lease it to us for 999 years.. hence the name cross lease. so theres a chance that you might need their permission,..if that were the case youd be seriously unlucky if they objected to an internal alteration, as the other lease holders interest in the dwelling is only a legal technicality, but you need a lawyer to sort it all out and advise you, , your lawyer handling the purchase will be fully aware of any issues around consent,.. theres no way your going to "find out" this yourself. if your doing all this without a lawyer... good luck ! ., Edited by thornton1961 at 8:00 pm, Sun 5 Sep thornton1961 - 2021-09-05 19:58:00 |
| 50 | More than a technicality. johnston - 2021-09-05 21:54:00 |
