I have recently moved into a 1 bedroom 1 bathroom property crosslease freehold. The land size is 900sqm and approx

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Customer: Hi. I have recently moved into a 1 bedroom 1 bathroom property crosslease freehold. The land size is 900sqm and approx halfway has a a dividing fence clearly stating whos dwelling and living areas are who's. I have approached my neighbour and asked her for her consent for building a extension in my backyard and she has come back with a solid no. She has no reason behind it just a simple no. Me and my partner are wondering if there is anyway around this ie paying to make it a freehold of possible or other avenues. Pleaee help!
JA: Hi. What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: This is the first step
JA: Where is the land located?
Customer: Green bay
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I know of.
Answered by Chris The Lawyer in 58 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

It is possible to convert to a freehold title but that would require cooperation from the other owner. There is a process for arbitrating cross lease disputes however and you could try that

Customer
That sounds costly and it also sounds like it involves the courts? I read something about changing a crosslease to a fee simple title do you know the cost of this and if its a cheaper avenue to go down
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Chris The Lawyer, Expert

It is expensive to convert to a fee simple title unfortunately. There are legal fees, survey costs, council consents and sometimes resource consent issues. You could spend $15 to $20,000

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Chris The Lawyer, Expert

Arbitration is a private process but would likely cost a similar amount

Customer
It could be worth it in the long run as resale would be much higher
Customer
my neighbiur is being rather difficult, she is not letting us build anything and she wants to build a veggie patch. Does she need our consent for that?
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Chris The Lawyer, Expert

That’s true of course

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Chris The Lawyer, Expert

She doesn’t need consent for that, it’s just building works which need consent

Customer
There is also a section in our title labeled B and she is claiming that but we were told by the real estate agent it was our parking spot. The title doesn't state who B belongs too are you able to help with this ?
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Chris The Lawyer, Expert

You should look at the flats plan, which will identify who owns that part

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Chris The Lawyer, Expert

But it should state that on the title and the cross lease

Customer
It does not. Can you look into this for us
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Chris The Lawyer, Expert

Your lawyer who acted when you bought this, should have the relevant documents so ask them. Or you can get copies from Landonline for a small fee

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