We advise developers and landowners on subdivision consents, easement structures, consent notices, title creation, and the legal aspects of new
development projects.
We also assist with cross lease rectifications and cross lease conversions to freehold at competitive prices.
Cross Lease Rectifications
Cross-lease titles can become defective over time when additions are made to the flat or other structures. They generally occur where a structure has been built, altered, or extended without updating the flats plan registered on the title. This can cause issues on sale, with lenders and/or with insurers, and is increasingly being identified during the due diligence process by active buyers.
We assist owners in rectifying defective cross lease titles by arranging for a new or amended flats plan to be prepared by a licensed surveyor and surrendering the exisitng lease and registering a new lease referring to the newly prepared survey plan.. Addressing a cross-lease defect protects the value of your property and avoids complications at the time of sale.
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Cross Lease Conversions
Where cross-lease owners wish to move to a more straightforward form of title, we can assist with converting a cross-lease to freehold title. A cross lease conversion involves subdividing the land so that each owner holds their own separate freehold title, eliminating the shared cross lease ownership structure and the obligations prescribed by each parties respective cross lease.
The process requires the cooperation of all cross-lease owners, a licensed surveyor, and resource and/or subdivision consent from the relevant council. We guide clients through each stage of the process, from initial feasibility through to the issue of new titles.
Prices for our cross lease law services
Excludes LINZ disbursements and GST
| Freehold Subdivision – 2 lots | $4,500 (Guide only) |
| Freehold Subdivision – 4 lots | $7,500 (Guide only) |
| Crosslease Rectification– 2 crossleases | $5,000 (Guide only) |
| Crosslease to Fee Simple Conversion – 2 lots | $6,000 (Guide only) |
| Unit Title Development – 3 units | Ask for an estimate |
Cross Lease FAQ
See related questions and quires related to Cross Lease Rectifications & Conversions.
Can I get a quote online for cross lease conversion work?
Yes. Our pricing table sets out our fees for cross lease rectifications and conversions, and you can send an enquiry through the form on this page. Once we have a copy of the record of title and the flats plan we will confirm an estimated fee for the legal work. We can also refer you to a surveyor that may be able to assist.
What is the role of a land surveyor in cross lease title changes?
A surveyor is required for both cross lease rectifications and conversions. For a rectification they re-measure the buildings and exclusive use areas and prepare an updated flats plan so the title matches what is actually on the ground.
For a conversion to freehold they prepare the scheme plan and then the survey plan of subdivision defining the new title boundaries, obtain Council consent, and deposit the plan with Land Information New Zealand so the new titles can issue. We work alongside your surveyor and handle all of the legal and council documentation.
How much does it cost to convert a cross lease property into freehold?
A conversion involves four separate costs: our legal fees, the surveyor’s fees, Auckland Council subdivision consent and certification fees, and LINZ registration fees.
For a straightforward two flat conversion where both owners agree, the total cost (including Legal, Survey and Council fees) may be around $30 – $40,000 plus GST (as a guide) and the costs may be shared between the owners. Our legal fees are set out in the pricing table on this page.
Costs increase where there are more flats, existing mortgages requiring consent or redocumentation, or new easements over shared driveways and services.
What are the benefits of converting a cross lease title to freehold?
You own your land outright (rather than holding a leasehold interest with your neighbours as co-lessors of the underlying parcel of land in the case of a cross lease). That means no neighbour consent is needed to extend, alter or rebuild, and no risk of the title becoming defective again when a building footprint changes.
Freehold titles are simpler for banks and insurers, remove the ongoing lease obligations between owners, and generally widen the pool of buyers and improve the value of the property on resale.
What are the steps involved in a cross lease conversion?
First we obtain and review the record of title, the flats plan and the underlying lease to confirm what is required. All of the cross lease owners then need to agree to the conversion and to share the costs and we could assist to prepare a simple subdivision agreement.
A surveyor is engaged to prepare the scheme plan, and an application for subdivision consent is lodged with Auckland Council. Once consent issues the surveyor completes the survey plan and obtains council consent to the survey plan. We then prepare the surrenders of the existing leases, any easements or covenants over shared driveways and services, and obtain the consent of any mortgagees.
After the council confirms that all conditions of the subdivision have been met the survey plan is deposited with LINZ, the new fee simple titles issue, and any mortgages are registered against them. Most conversions take six to twelve months depending on council timeframes and the survey work involved.