Cross lease question

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sep11guy

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Topic # 170886 29-Mar-2015 21:46

Hi Team

A guy rang me from nowere today and tells me that he wants to build a carport and deck and needs my permission. ( permission which needs my sign and which would be submitted to council )

Then he told me its because its cross lease with 2 other properties - so i am the third on that land .

because of the way its positioned, the street no for him home is different.

I dont see any hassles of ok'ing this away, but i just thought i shud ask if there is any risk involved ? ( which i may not be aware of )

or any questions i shud ask

just as additional info - the prop does not interfere my prop in any way ( in terms of drive way / entrances etc )

Cheers

Jase2985

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Reply # 1273077 29-Mar-2015 21:48

i would ask to see any plans etc before i signed anything. that way you can know exactly what is going on

scuwp

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Reply # 1273079 29-Mar-2015 21:53

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You need to satisfy yourself that the planned improvements won't adversely effect you or your property. Ask for plans and design details. Go and have a look at the site. If you have any legitimate concerns don't sign without a legal opinion. If you can't see any issues for you then sign away.

Always be yourself, unless you can be Batman, then always be the Batman

sep11guy

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Reply # 1273086 29-Mar-2015 22:07

The guy gave me a hand drawn sketch as it doesnt need consent - just permission for council requirements

Its adding 1 x carport less than 20sq mt

and he is adding 3 small decks ,

wellygary

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Reply # 1273297 30-Mar-2015 11:32

A carport might increase the space available for car parking, and thus the number of cars on the site and the number of cars using the driveway ( shared?),

I'm guessing the other place is rented...

mattwnz

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Reply # 1273301 30-Mar-2015 11:36

sep11guy: The guy gave me a hand drawn sketch as it doesnt need consent - just permission for council requirements

Its adding 1 x carport less than 20sq mt

and he is adding 3 small decks ,

If he needs permission from the council, isn't that the same as a consent?

You should look at light being blocked, and the proximity to the boundary.

sep11guy

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Reply # 1273303 30-Mar-2015 11:38

wellygary: number of cars using the driveway ( shared?), I'm guessing the other place is rented...

The 3 homes on site have their own driveway, so no sharing of any driveway.

antoniosk

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Reply # 1273324 30-Mar-2015 11:46

You should talk to a lawyer.

Fundamentally the land is not cut into parcels that you own - even they it may naturally look that way with fencing etc - and all the ownershave an interest and share in the consequences of any work that occurs on that land. It was a legal construct designed to get around stupid planning rules from the 70's, but can be a real pain when it comes to shared responsibility.

Unless you genuinely don't care, additions like a carport etc should be noted on the council plans as it goes to overall site utilisation. In Wellington for example there are limits to how much of a section can be built-on before it triggers consent issues etc.

________

Antonios K

highspeedsteel

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Reply # 1273328 30-Mar-2015 11:51

Another thing to take note of is water run off from the roof etc.

bazzer

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Reply # 1274291 31-Mar-2015 12:53

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Also, there's maximum building coverage/paved impermeable etc. considerations. If I recall correctly, those apply to the entire section. So, if he builds this carport and deck, it could impact on you being able to do something similar in future.

surfisup1000

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Reply # 1274305 31-Mar-2015 13:17

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"he is adding 3 small decks"

Upon which many late night noisy parties will be held.

Seriously, decks are for people to sit outside and do what people do which is to make noise.

At least, our neighbour rented their house out to brazilians who partied it up large on their deck and was very disruptive to the point another neighbour was going to sell up and move. Fortunately the brazilians moved out.

Subsequently the neigbour asked us to sign permission to expand the size of their deck, which we were glad to decline because of the disruption they already caused us.

sxz

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Reply # 1274332 31-Mar-2015 13:31

scuwp: You need to satisfy yourself that the planned improvements won't adversely effect you or your property. Ask for plans and design details. Go and have a look at the site. If you have any legitimate concerns don't sign without a legal opinion. If you can't see any issues for you then sign away.

bazzer: Also, there's maximum building coverage/paved impermeable etc. considerations. If I recall correctly, those apply to the entire section. So, if he builds this carport and deck, it could impact on you being able to do something similar in future.

Lawyer here. these two answers are correct and should be read together. Maximum building coverage/paved impermeable etc. do apply to the whole land, so if they get consent to build a large concrete area it MAY mean you can't then build a large concrete area as much. You should check what the district plan rules say for your property. If this adversely effects your property, you might not want to sign.

Reading between the lines the consent he is asking for is not for the Council. If Council want consent, it's a building consent. If as he says the Council do not need a Building consent, then he is asking for consent simply because the Lease instrument requires consent from all three lessors. So the consent is for his own records, and is very important (particularly when he comes to sell).

It would be very worthwhile playing dumb and saying you want your lawyer to check over anything, and asking him to pay your legal fee (as there is no benefit here to you). In particular you should be checking that you do have your own exclusive use area and that the carport is on his exclusive use area. As mentioned above cross-leases can cause headaches where things are not done properly.