Is your property under a cross lease title and are you planning construction work on it? Before you proceed, it’s essential to get a cross lease to freehold conversion for your property. Otherwise, you’ll need to obtain approval from your cross-lease neighbour before doing any external construction work.
In Auckland, many properties hold cross lease titles (which means you own undivided shares as tenants). Under this type of property title, it’s crucial for you to be well-informed about your rights and limitations. However, opting to convert your property to a freehold title can grant you full ownership of your property’s external space, make future renovations easier, and potentially boost its value when you sell it.
For your cross-lease conversion needs, our team of experts is well-equipped to guide you through this process.
Need a free, no-obligation quote for your cross lease conversion? Simply complete the form on the right. Or email us at info@survplanz.co.nz.
For a cross-lease conversion, the property must be subdivided and new boundaries should be established to divide the property into distinct sections. Once the conversion is complete, each owner will possess their individual portion of the property.
If you have shared land and you want to get the fee simple title for your residential unit, so you can get full control over your property, you can contact us anytime. We follow a comprehensive process for cross lease conversion which includes surveying, planning and Council processing time.
If you want to know the cost of this survey, either complete the form on this page or email us your property address to info@survplanz.co.nz.
If the buildings on your land don’t match the flats plan of your Cross Lease, it might mean your title is not correct. In that case, it’s a good idea to update the Cross Lease flats plan before potential buyers notice that the building layout on the title isn’t the same as in reality. This process isn’t quick – it needs approval from the Council and the agreement of the other cross-lease land owner.
What sets Survplanz apart is our efficient service. We strive to help you get your title as quickly as possible. While your case is being processed by the Council, we work on it in advance to be ready for the next steps. We also keep in touch with the Council and respond to their questions in a timely manner.
What exactly is a cross-lease property?
A cross-lease property is a unique type of land ownership where multiple units or dwellings share a single piece of land. These typically include apartments or residential units and each unit owner holds a cross-lease title, which grants them exclusive rights to occupy and use their specific unit. Cross-lease properties often involve a legal document known as a “flats plan,” which outlines the boundaries of each unit and the shared land.
For instance, if you purchase a flat within a four-unit complex governed by a cross-lease arrangement. This means you would become the registered owner of:
An undivided one-fourth ownership share in the land and buildings shared equally with the other three flat owners as “tenants-in-common.”
A long-term lease, applicable to your individual flat, collectively granted by all four tenants-in-common (including yourself).
This means that decisions about the use and maintenance of the shared land may require the agreement of all owners.
At this stage, your licensed cadastral surveyor can help you convert your cross-lease property to freehold title to avoid any dispute between your cross-lease neighbour.
What are the benefits of converting a cross lease title to freehold?Properties with freehold titles hold higher value in the market compared to cross-lease properties due to full control and reduced restrictions. With a freehold title, you have sole ownership of both the building and the land it sits on. You can make changes, renovations, and improvements without needing consent from fellow cross-lease title holders.
You can potentially eliminate the need for shared expenses associated with maintaining and repairing common areas of cross-lease properties. Freehold ownership also removes the constraints and potential conflicts that can arise from cross-lease agreements and shared land use.
What is an easement?An easement is a legal right that allows a person or entity to use another person’s land for a specific purpose, even though they don’t own the land. Easements grant certain rights to the holder without transferring full ownership of the property.
If your property has a shared wall, an easement provides the right to ensure the maintenance and structural integrity of that common wall.
If you have shared driveways or turning areas, A right of way easement defines which parts are shared and which are private, clarifying usage.
Also, cross lease properties often share drainage connections. In order to subdivide your property, you would need a new wastewater connection for each house on the site. Drainage easement permits water to flow across a property for drainage purposes, protecting against flooding or water accumulation.
