Navigating cross lease properties

You and your adjacent neighbour(s) co-own an equal share in the land (fee simple) and lease your house (termed “the Flat”) from one another.

Each flat owner holds a lease for their flat and their section which is registered on the title. The leases specify each flat owner’s exclusive use areas (e.g., the surrounding land, garages, car parks etc.) and shared areas (e.g., driveways, paths etc.).

It’s important to exercise caution when intending to purchase a cross-lease property as cross-lease titles may be defective.

The flat plan needs to accurately reflect the house. Any extensions necessitate a new plan. Alterations require the written approval of the other flat owner.

We at Conveyancing Express examine the title documents and flats plan on your behalf.

We will pinpoint:

• The flat plan for the property you are interested in purchasing
• Your exclusive use zones
• The shared areas

If the flats plan and/or lease document is not correct:

• We will simplify the implications and share what you need to know
• Explain how a flawed flats plan will impact your property ownership in the future
• Outline the steps needed to rectify this

If you are considering purchasing a cross-lease property that has a title defect, we will clarify your contractual options and what you can request the vendor to undertake. Our mission is to help you make an informed decision and understand the ramifications of a cross-lease title.