When the footprint of the building is changed on cross-lease property the existing plan attached to your record of title becomes defective. This can affect the sale of the property. A crosslease update is often required to show an accurate representation of the new footprint and to help with completion of the sale.
Our surveyors will conduct a Crosslease update survey to allow for an updated plan to be attached to the title for the property.
We research and collect cadastral information and title information to accurately form the basis of the crosslease update.
A site visit to the property is needed to search for existing marks to confirm the position.
Then we take accurate measurements of the building, fences, walls, and paved areas using survey equipment to allow us to draw an updated plan and to gather information required for application to Council.
Property records are researched and the crossleas update plan, report and application to Council are prepared and lodged with Council for approval.
After Council issues subdivision consent, our surveyor will submit the legal plan to Council for certificates and to Land Information New Zealand for approval of the updated crosslease plan. Your solicitor will also need to submit an e-dealing which will include the new lease agreement.
Keeping your cross lease plan up-to-date is a straightforward and cost-effective way to prevent any confusion regarding property ownership and rights in the future, preventing potential legal complications in the future, especially during property transactions.
A current and accurate cross lease plan is important when selling the property or seeking financing from banks. Lenders and buyers often require an accurate depiction of the property to help prevent any further pitfalls and for mortgage approvals.
Moreover updated plans reduce the likelihood of disputes among co-owners. Clear documentation of property use, shared spaces, and responsibilities can prevent disagreements and maintain a peaceful living environment.
Updated crosslease plans also facilitate future property improvements or expansions. Whether it’s building extensions, garages, or outdoor structures, having an accurate plan ensures that these changes align with property boundaries and legal requirements. However, you might require consents from the local Council for these additions.
If you’re looking for a more permanent solution, we can also provide guidance on converting your cross lease property to freehold to eliminate the need for future plan updates.
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