johnston wrote:

The leaseholder owns the leasehold estate. I don't think creating a leasehold interest here would be in anyone's best interests.

Not least the parents bank, assuming they have a mortgage.

If so, they will need to approve any change to the property over which they hold an interest. Any subdivision will diminish the value of their property, especially where easements are created where they become servient.

PS I know you know this....

sparkychap - 2021-05-12 18:36:00

sparkychap wrote:

But why discuss it with a lawyer, surely the lawyer would just act on the parents’ instructions as long as they weren’t trying to contract out of the law.

Because the parents may be as dumb as a sack of hammers and not know what they want.

committed - 2021-05-12 18:52:00

r

committed wrote:

Because the parents may be as dumb as a sack of hammers and not know what they want.

But you said they would only 21 posts ago. Jeez. I know they're one eyed Cantabrians but that's a little harsh.

sparkychap - 2021-05-12 19:01:00

sparkychap wrote:

rBut you said they would only 21 posts ago. Jeez. I know they're one eyed Cantabrians but that's a little harsh.

I think most people know what they want and have a scintilla of nous. If that’s the case, there’s nothing to worry about. For all we know, both the parents might be lawyers with expertise in property law.

committed - 2021-05-12 19:05:00

committed wrote:

I think most people know what they want and have a scintilla of nous. If that’s the case, there’s nothing to worry about. For all we know, both the parents might be lawyers with expertise in property law.

In which case the conversation of gifting the land and subdividing probably wouldn't have got this far.

But here's an auction for some straws as you are clearly grasping for some:

https://www.trademe.co.nz/home-living/kitchen/cutlery-utensi
ls/other/listing-3086146263.htm

Edited by sparkychap at 7:11 pm, Wed 12 May

sparkychap - 2021-05-12 19:08:00

sparkychap wrote:

In which case the conversation of gifting the land and subdividing probably wouldn't have got this far.

But here's an action for some straws as you are clearly grasping for some:

https://www.trademe.co.nz/home-living/kitchen/cutlery-utensi
ls/other/listing-3086146263.htm

Maybe the OP just wants to chew the fat here without bothering their parents. No doubt they’ll come back here soon with the full story.

committed - 2021-05-12 19:11:00

committed wrote:

Maybe the OP just wants to chew the fat here without bothering their parents. No doubt they’ll come back here soon with the full story.

So they dreamt the whole being gifted land thing?

sparkychap - 2021-05-12 19:13:00

Your parent will need to co borrow with you or they need to subdivide first. You won't get the loan to subdivide unless you have an asset. It isn't as easy to go see a lawyer and say 'hey they have agreed to give me the land'. I see a suggestion to put your name on the current land title, no their lawyer will stop that because once you are on the title you could sell the house etc

Basically without the help of your parents it isn't as 1, 2, 3

We got the same offer a few weeks back from our father inlaw. He needs to subdivide. We aren't risking him as he is in his 80's and the bank probably won't allow it with his age anyways.

all_things_nice - 2021-05-13 21:03:00

Be careful. Building a home on the same section as your parents means that the house will become part of their estate, which you may lose if they go into a resthome

catwoman1974 - 2021-05-25 00:58:00

sparkychap wrote:

Without proper access to the rear section, subdivision may not even be permitted. OP would need to confirm with the council before going any further.

Wouldn't pedestrian access be suficient? There are many places where resource consent and building code of compliance is issued which don't have vehicle access. Any number don't even have an attached parking facility with sufficient space for 1 car per unit or even an area for visitors to park, hence there are people who have to rely on street parking or rent a space in a public car park or storage facility if they need or want to own a car.

brouser3 - 2021-05-25 22:06:00

brouser3 wrote:

Wouldn't pedestrian access be suficient? There are many places where resource consent and building code of compliance is issued which don't have vehicle access. Any number don't even have an attached parking facility with sufficient space for 1 car per unit or even an area for visitors to park, hence there are people who have to rely on street parking or rent a space in a public car park or storage facility if they need or want to own a car.

Yes that's why I said "may not be permitted" as it will all depend on local zoning. But its harder to create rear lots with no access or off street parking (which is still a requirement in many areas). There's also separation of utilities to be considered as well which can be problematic for rear sections.

sparkychap - 2021-05-25 22:24:00