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NZCrusader
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  #1288681 21-Apr-2015 16:58
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sxz: Lawyer here.

Some Cross Lease instruments require that insurance be shared like OP suggests.  That said, many people ignore this and do their own insurance.  Not having joint insurance in that case means you are breaching the terms of the Lease, which if there are only two of you, and you both agree to it, there mightn't be much loss.  There can be risks with either approach however.  If you are joined to their property it may be in your best interest to know for a fact that they are insured.  You can only know this if you have a joint policy with them.

Consider this:  You insure your flat only.  You make full disclosure to your insurer of the circumstances.  You pay your premiums.  Your neighbour tells you their property is insured.  They fail to renew their insurance.  Their flat burns down, damaging yours, as they have a joined wall.  Your insurer might decide that they wont pay you out because your neighbour was not insured and it was a requirement of your lease to have joint insurance.

 
Unlikely? probably.  Something to consider?  Yes.


If that's the case for OP, then they should go to a lawyer to have the cross lease amended.


Sure it will cost initially, but long term might be safer and simpler with separate insurance.




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Stu

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  #1288683 21-Apr-2015 17:07
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sxz: Lawyer here.

Some Cross Lease instruments require that insurance be shared like OP suggests.  That said, many people ignore this and do their own insurance.  Not having joint insurance in that case means you are breaching the terms of the Lease, which if there are only two of you, and you both agree to it, there mightn't be much loss.  There can be risks with either approach however.  If you are joined to their property it may be in your best interest to know for a fact that they are insured.  You can only know this if you have a joint policy with them.

Consider this:  You insure your flat only.  You make full disclosure to your insurer of the circumstances.  You pay your premiums.  Your neighbour tells you their property is insured.  They fail to renew their insurance.  Their flat burns down, damaging yours, as they have a joined wall.  Your insurer might decide that they wont pay you out because your neighbour was not insured and it was a requirement of your lease to have joint insurance.

 
Unlikely? probably.  Something to consider?  Yes.


Interesting. Makes sense when you look at it that way. Also clears up why not all cross lease scenarios require the single insurance policy. Thanks for the info.




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andrewNZ
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  #1288686 21-Apr-2015 17:18
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I honestly think you should forget about who managed to get a discount. The easiest and probably fairest way is for you to pay your percentage of the total annual policy cost. The only exception would any specified items unique to a property.

The other option would be to contact the insurance company and ask them if they'll itemise the policy in a way that allows you to pay exactly the cost of your portion.
They probably won't be interested though.



mattwnz
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  #1288688 21-Apr-2015 17:18
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Why don't you try to get it put on freehold titles? I am aware of a couple of flats on a piece of land that have a shared party wall, but they are freehold. Being freehold may also increase it's value, as many people avoid buying crosslease properties, as freehold are more desirable.

I think the discount thing is pretty trivial though, it isn't a big amount over a year to worry too much about. You win some, you lose some, and many things are not fair.

froob
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  #1288705 21-Apr-2015 17:58
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My take is stick with the single insurance policy. If your home is damaged, the last thing you want is two insurance companies arguing over which is responsible for which costs.

Sorry nothing to offer on the cost split!




pctek
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  #1291352 25-Apr-2015 16:25
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jtan:
Unfortunately this is not possible - As the land is shared between both properties the insurance also has to be shared - .

Since when?

 

I have a crosslease house.
I do not have shared insurance with the neighbour.

andrewNZ
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  #1291522 25-Apr-2015 21:15
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pctek:
jtan:
Unfortunately this is not possible - As the land is shared between both properties the insurance also has to be shared - .

Since when?
I have a crosslease house.
I do not have shared insurance with the neighbour.

Already explained.
http://www.geekzone.co.nz/forums.asp?forumid=141&topicid=171498&page_no=1#1288372

 
 
 

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pctek
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  #1294516 30-Apr-2015 19:36
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Ah. Joined houses.
Thanks

shk292
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  #1294537 30-Apr-2015 20:23
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pctek: Ah. Joined houses.
Thanks

Seems odd to me.  >50% of houses in UK are joined to another and I have never heard of a requirement for adjoining neighbours to have the same insurance company/policy.  Would you expect the whole of a terraced street like Corrie to have the same policy?

mattwnz
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  #1294566 30-Apr-2015 21:10
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shk292:
pctek: Ah. Joined houses.
Thanks

Seems odd to me.  >50% of houses in UK are joined to another and I have never heard of a requirement for adjoining neighbours to have the same insurance company/policy.  Would you expect the whole of a terraced street like Corrie to have the same policy?


They are probably freehold. Potentially it can be possible to convert from cross lease to freehold, but probably expensive. Money for jam for lawyers.

MikeAqua
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  #1297607 4-May-2015 12:54
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What happens if the other party doesn't pay their share of premiums?  What if they undertake some illegal or negligent activity - do you have cover?  I would discuss with a lawyer and try to do whatever disentangles you legally from the other party as much as possible.

As to the split of premiums I would try and ignore (or pay for) any past imbalance and agree a consistent approach for the future. 

To me it seems fair and simple that, where only one party rents their unit out: -

 

  • The renting party derives all the benefits of renting.
  • Renting increases he insurers estimate of risk and therefore the premium
  • The renting party should pay all the extra premium costs. 




Mike


richms
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  #1297646 4-May-2015 14:30
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I would not share any discount at all. The total premium on the property should be divided up according to the values of them.

The other flat bought it full well knowing that it was a split policy, they shouldnt benifit more than you if you choose to rent your portion out.




Richard rich.ms

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