All Topics / Overseas Deals / Cross Lease

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  • Profile photo of MMajorMMajor
    Member
    @mmajor
    Join Date: 2005
    Post Count: 7

    Hi

    Can anyone pl tell me what implication of a cross lease is ? and should price of property on cross lease be much cheaper than free hold land,etc ?

    Hse I am lookin at in NZ is cross lease and share a 1100m2 piece of land with hse at the back.

    Much appreciated.

    Stuart

    Profile photo of AlbieAlbie
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    @albie
    Join Date: 2001
    Post Count: 3

    Cross lease was a very common form of subdividing your backyard which was used about 20 years ago. As I understand it (and don’t quote me) it was much cheaper to do than a full subdivide, yet basically does the same job inthat a property with one title, could be split into two (or more) titles. In theory the owners of the new titles are actually part-owners of both pieces of land, and lease the half ownership of their piece, in exchange for the lease to the other owner of the other piece of land. (Confused yet?)
    The down side of this is that substantual renovations, new buildings etc cannot be done (legally) without alteration to the ‘flat plan’ (map of buildings and how the land is divided between the two titles), and without permission of the other part-owner(s) of the whole block of land.
    In reality, flat-plans are often not kept up to date, and while this can be a sticking point when selling, its one of those things that the new owner can change should they wish to, or continue with the flatplan not being updated. Now you really are getting out of my depth of knowledge about how sticky these things can get, but we own two such properties, neither have up to date flat plans, and they have posed no problems at all to us as owners. I imagine if you had a complete pratt of a neighbour, things could get ugly, but hell, how many sections have had their layout altered in the past twenty years, and if that was to cost you (I dunno the figure exactly) say $500-1000 to change the flat plan, would you do it? Chances are, your neighbour has changes on his side of the fence too.
    Cross-leases aren’t as common anymore (not where I live anyway) as the cost difference between x/l and freehold subdivide are small, and not worth the hassle.
    You could always freehold the title, but unless your neighbour also wants to do this, it could very well cost you $7k to do this – and is probably not worth doing.

    Hope this helps. As I say, I’m no expert on the topic, but our experiences are that its not really a concern.

    Cheers, Albie

    Profile photo of MMajorMMajor
    Member
    @mmajor
    Join Date: 2005
    Post Count: 7

    Thank you Albie for your reply. It did help
    me to understand it better.

    Do you think there should be a 30K price difference between two identical houses, one on x/l the other on freehold though ?

    Thank you
    Stuart

    Profile photo of MiniMogulMiniMogul
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    @minimogul
    Join Date: 2002
    Post Count: 1,414

    price diff. could depend on the size of the land and the street, not the dwelling.

    crosslease properties are very common, they are a type of freehold, but you just own a ‘share in the whole land’ rather than ‘your own bit’. often there is a common area such as a driveway or right of way that both the cross-lessees can use.

    I have a pdf document I put together on cross leases from various sources for our clients when we find cross lease deals so if you want it (or anybody wants it) just send me an email with your email address.
    cheers-Mini

    Profile photo of MMajorMMajor
    Member
    @mmajor
    Join Date: 2005
    Post Count: 7

    Hi Mini

    Thank you for your reply & offer. Yes, that pdf would really help me to understand it better.
    I have sent you email with my address.

    HSe I am looking at is 179K, on a cross lease, shares a driveway and is at the back of 2 other houses in front (with street frontage). Other houses in area are 230K upwards.

    THank you
    MMajor

    Profile photo of AlbieAlbie
    Participant
    @albie
    Join Date: 2001
    Post Count: 3

    You asked about whether or not there’d be a $30k price difference, and as the other reply come back, it would all depend. Sounds like you need to have a chat with a registered valuer in the area, they’d be best qualified to answer your question.
    Cheers!
    Albie

    Profile photo of kiwipropertykiwiproperty
    Member
    @kiwiproperty
    Join Date: 2005
    Post Count: 24

    Hi

    Yes, the definition of cross lease is “A legal means of facilitating joint ownership of a freehold section of land with individual ownership of the buildings on that section.”

    Now thes best place to get a valuation is to checking out Quatable Value at https://www.qv.co.nz/default.htm or commission a valuation from a valuer.

    We have a cross leased property in NZ (our others are all freehold) and have had no ‘problems’ with it. Purchase price was slightly cheaper than freehold but this was mainly due to land size as previously suggested.

    It’s important to have a good lawyer check out the title though as we discovered that our fence was not in the right spot and our neighbour had quite a bit of our land.

    Sigrid de Castella & Antony Anderson

    http://www.kiwiproperty.biz
    New book “The Guide to New Zealand Property Investing – Australian Edition”
    Available at our web site along with other NZ Resources for Australian Investors

    Profile photo of MMajorMMajor
    Member
    @mmajor
    Join Date: 2005
    Post Count: 7

    Thank you all very much for your helpful replies.

    MMajor

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