I have a unit on a cross lease title, that I need to build a retaining wall on our bit of land. What sort of permission do I need to get from my neighbours, verbal or a formal letter signed and if it is a letter can I draw it up myself or do I need a lawyer to do it?

mrsb - 2021-03-07 15:43:00

Your exclusive use area? Retaining wall benefical? Go for it. Your not making alterations to your flat.

gabbysnana - 2021-03-07 16:17:00

mrsb wrote:

I have a unit on a cross lease title, that I need to build a retaining wall on our bit of land. What sort of permission do I need to get from my neighbours, verbal or a formal letter signed and if it is a letter can I draw it up myself or do I need a lawyer to do it?

Wait for Johnson and Sparky, they will give you the best guidance.

orphic1 - 2021-03-07 17:07:00

Just talk to the other owners, if they are happy then your good to go,no problems there. Don't need to involve anyone else.Go for it.

msigg - 2021-03-07 17:41:00

Without seeing the lease you should get written consent from all other flat owners. Likely without consent you would be in breach of the lease and when it comes to selling an alert buyer would identify the issue. Ten minutes having a chat now and obtaining written consent could save a lot of hassle later.

johnston - 2021-03-07 18:35:00

I had the same, needed consent for Council permit to replace fire (like for like) a bit crazy!.
I just drew up a letter, chatted to the neighbours and got them all to date and sign.
Easy, and that was accepted for the council permit.

patsy3 - 2021-03-07 19:56:00

johnston wrote:

Without seeing the lease you should get written consent from all other flat owners. Likely without consent you would be in breach of the lease and when it comes to selling an alert buyer would identify the issue. Ten minutes having a chat now and obtaining written consent could save a lot of hassle later.

This advice. Not all leases are equal (same). Need to read it.

amasser - 2021-03-08 10:26:00

I would ask your lawyer - some leases will provide that everyone shares the cost, and they can write up exactly what is being done, and pursuant to which part of the lease.

nic48 - 2021-03-08 10:49:00

Thanks everyone

mrsb - 2021-03-08 19:57:00

We just asked for consent from our neighbours to install a garage door.
One neighbour has stipulated the colour he chooses if we want his consent.

It doesn’t match his or anyone else’s garage door in the block. But it does match his front door.

Ohh cross leases

travlr - 2021-03-16 19:44:00

travlr wrote:

We just asked for consent from our neighbours to install a garage door.
One neighbour has stipulated the colour he chooses if we want his consent.

It doesn’t match his or anyone else’s garage door in the block. But it does match his front door.

Ohh cross leases

Sneak out at night with a spray can and change his door.

But seriously i would doubt that he is able to stipulate a colour on your exclusive use area. What does the lease say about such matters?

Edited by supernova2 at 10:52 pm, Tue 16 Mar

supernova2 - 2021-03-16 22:45:00

travlr wrote:

We just asked for consent from our neighbours to install a garage door.
One neighbour has stipulated the colour he chooses if we want his consent.

It doesn’t match his or anyone else’s garage door in the block. But it does match his front door.

Ohh cross leases

consent cant be with held, think about it.

gabbysnana - 2021-03-17 12:34:00

supernova2 wrote:

Sneak out at night with a spray can and change his door.

But seriously i would doubt that he is able to stipulate a colour on your exclusive use area. What does the lease say about such matters?

most say in keeping with what you have already and no he can't dictate colours, like is he going to pay a judge $25k to arbitrate it, doubt it.

gabbysnana - 2021-03-17 12:36:00

supernova2 wrote:

Sneak out at night with a spray can and change his door.

But seriously i would doubt that he is able to stipulate a colour on your exclusive use area. What does the lease say about such matters?

The lease is not specific but I understand from our trusty property lawyer there have been a number of clear determinations on external paint colours so no you can’t just paint your cross lease flat any old colour

travlr - 2021-03-17 21:27:00

gabbysnana wrote:

most say in keeping with what you have already and no he can't dictate colours, like is he going to pay a judge $25k to arbitrate it, doubt it.

Yes you’re right are they going to arbitrate on something like this

travlr - 2021-03-17 21:29:00

gabbysnana wrote:

consent cant be with held, think about it.

Consent can be withheld but would they get anywhere in arbitration for being unreasonable

travlr - 2021-03-17 21:31:00

travlr wrote:

The lease is not specific but I understand from our trusty property lawyer there have been a number of clear determinations on external paint colours so no you can’t just paint your cross lease flat any old colour

Hmm. I would suggest the opposite if the lease is silent on colours.

johnston - 2021-03-17 21:45:00

johnston wrote:

Hmm. I would suggest the opposite if the lease is silent on colours.

The rulings have happened because of exactly this.

travlr - 2021-03-18 08:11:00

travlr wrote:

The rulings have happened because of exactly this.

Yes, but what rulings?

johnston - 2021-03-18 12:17:00

johnston wrote:

Yes, but what rulings?

Arbitration as I understand it.
Possibly other courts.

travlr - 2021-03-18 15:41:00

johnston wrote:

Yes, but what rulings?

Arbitration I guess and possibly other courts.

travlr - 2021-03-18 16:13:00

travlr wrote:

Arbitration as I understand it.
Possibly other courts.

I have a library of around 20 cross leases cases from the DC, HC and COA and from the memory I don't recall ever seeing a ruling on colour schemes where the lease was silent.

I am also unaware of an implied term in a lease that would hold otherwise. It seems inequitable that in a simple cross lease two flats not joined cannot as of right choose their own colour schemes.

Edited by johnston at 4:49 pm, Thu 18 Mar

johnston - 2021-03-18 16:48:00

all very nice dear however the answer to the original question is what?

gph1961 - 2021-03-18 17:13:00

gph1961 wrote:

all very nice dear however the answer to the original question is what?

At #5. Some reading involved but try your best.

johnston - 2021-03-18 17:29:00

amen sister

gph1961 - 2021-03-18 20:16:00

johnston wrote:

I have a library of around 20 cross leases cases from the DC, HC and COA and from the memory I don't recall ever seeing a ruling on colour schemes where the lease was silent.

I am also unaware of an implied term in a lease that would hold otherwise. It seems inequitable that in a simple cross lease two flats not joined cannot as of right choose their own colour schemes.

So 6 flats that are joined?

travlr - 2021-03-18 21:42:00

travlr wrote:

So 6 flats that are joined?

Refer to the lease.

johnston - 2021-03-18 22:40:00