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1220 posts

Uber Geek
+1 received by user: 58

Topic # 196468 1-Jun-2016 12:14
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I have two main questions,

As owner (1/2 share) in cross lease property, do I have "right" to know who owns other flat?

If said other flat has been unoccupied the whole time I've been here (4 months), and seems to have been left to rot and is in poor condition (rusty falling apart spouting - massive gaping holes in eaves where birds nest and weather can get in) - can I "force" the owner to undertake the repairs?

I don't want to go all legal on the owner, just would like to know why it's empty, what his long term plans are for it, whether he wants to sell it, or whether he intends doing the repairs (or perhaps is unaware it needs it).

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2675 posts

Uber Geek
+1 received by user: 521

  Reply # 1563596 1-Jun-2016 12:18
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Do you have a copy of the cross-lease agreement? - you should be able to get a copy.


From memory they can have a lot of info/conditions, including things like:


  • Colours that can be used for painting
  • Ownership (or not) of pets
  • Keeping rubbish tidied up
  • Access rights to property
  • etc etc

That would be a good place for you to check your 'rights'.

Nothing is impossible for the man who doesn't have to do it himself - A. H. Weiler

4762 posts

Uber Geek
+1 received by user: 1929

  Reply # 1563647 1-Jun-2016 13:37
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Check the rates record for the property.  Usually publicly available for the property and list the owners.


861 posts

Ultimate Geek
+1 received by user: 737

Spark NZ

  Reply # 1563728 1-Jun-2016 15:27
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Yes, property ownership is a matter of public record, so contact the council and ask for the other owners details. In some cases you may have to ask in person (it depends on the council - some, such as Dunedin Council, print the owners details on their website).


In regards to repairs I agree with previous replies - generally this is all covered off in the cross-lease agreement.


Having said that, if you have someone determined not to pay, there is bugger all you can do. I own 2 out of 8 units here in Christchurch and I organised replacement of the rusted out guttering for the entire block in 2013. I am still waiting for payment from one of the other unit owners, but she has no interest in paying and the amount owed is not worth the time, effort or expense to launch legal proceedings over. It's fricken annoying though!!!

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