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Easements come in many shapes and forms. Generally it gives one person the right to use another person’s land for a particular purpose, and are recorded on the properties certificate of title. There are private easements between individuals for services and access, and ‘Easements in Gross’ which are in favour or councils or corporations.

A common easement is a ‘Right of Way’ which allows a person to travel across another person’s land to get access to there property. The Right of Way area must be kept clear and you can’t block that persons use of the Right of Way by parking vehicles on the Area of land defined as the Right of way area.

The easement area is usually defined on a survey plan, but some older easements are shown on a diagram in the certificate of title. There is an easement document recorded on the certificate of title, and prepared by a solicitor that records the specific details of the easement, and obligations.

Easements can be created, changed, and surrendered. Generally easements are created at the time of subdivision of a property, but can be created at any time.  It pays to talk to your surveyor and solicitor if easements effect your property and what they mean for each party, or you require an easement to be created.

What is a Cross-lease?

A cross-lease is a form of property ownership arrangement, primarily found in New Zealand. In a cross-lease, multiple parties own a share of the land collectively, and each party has a leasehold interest in a specific portion of the land. Typically, this type of ownership is associated with residential properties.

Here’s how it generally works:

1.      Land Ownership: The land is owned jointly by all the parties involved in the cross-lease. Each party holds a share in the land.

2.      Leasehold Interests: Each property owner also holds a lease on their specific portion of the land. This lease outlines the rights and responsibilities of the individual property owner concerning their dwelling and the land they occupy.

3.      Dwellings: Each party usually has  a separate dwelling (house, apartment, garage etc.) on their leased portion of the land.

4.      Mutal Agreement: As co-owners of the land, residents must each reach a mutual agreement on issues that affect the entire property, such as maintenance, renovations or changes to common areas.

Typical Cross-lease Land Transfer Survey Plan

While cross-leases were popular in the past, they can sometimes lead to complications. Issues may arise when changes are made to the property without the consent of other parties, or when disagreements arise over the use and maintenance of common areas. In recent years, freehold ownership has become more common and is often considered a simpler and more straightforward form of property ownership compared to cross-leases.

 

What is a defective Cross-lease Title?

A defective cross-lease title refers to a situation where there are errors, omissions, or issues with the legal documentation associated with a cross-lease property. The defects could be related to the original cross-lease agreement, the lease documents, or the plans associated with the property. These defects can create legal and practical problems for property owners

Common issues with defective cross-lease titles may include:

1.      Incorrect Boundaries: Errors in defining the boundaries of each owners share in the land or dwelling can lead to disputes and complications.

2.      Missing or Inaccurate Plans: Incomplete or inaccurate plans, floor plans or other associated documentation can create confusion and disputes among cross-lease agreement, lease documents and other legal documents, it can lead to legal uncertainties and disputes.

3.      Lack of Consistency: If there are inconsistencies between the cross-lease agreement, lease documents and other legal documents, it can lead to legal uncertainties and disputes.

4.      Unapproved alterations: If one of the property owners has made alterations to their dwelling without obtaining proper consent from the other parties, it can lead to issues when selling or transferring the property.

5.      Failure to Register Changes: Changes made to the cross-lease agreement or other relevant documents that are not properly registered with the appropriate authorities can result in a defective title.

Original Cross-lease flats Plan

Cross-lease flats Plan Update Following Extensions

Dealing with a defective cross-lease title will require a Licensed Cadastral Surveyor to obtain a resource consent & update the Flats Plan and legal assistance to rectify the issues. It’s crucial for property owners to address these defects promptly, especially if they plan to sell or transfer the property, as defective titles can complicate the transaction process. Consulting with RPC Land Surveyors your professional Licensed Cadastral Surveyors in the first instance is advisable to navigate the complexities and find appropriate solutions. If you have defective title and need it corrected please get in touch with your local RPC Land Surveyors office, we’ll be more than happy to assist.

By Hilton Watson

Environmental benefit lots are a form of subdivision that allows landowners to create new lots in exchange for protecting and enhancing areas of significant natural value.

Today we were undertaking the physical survey of a proposed environmental benefit lot in the Waipa District. The Waikato District Plan provides criteria and standards for environmental benefit lots in rural zones, such as the size, location, and shape of the lots, as well as the type, extent, and quality of the environmental features to be protected. The process of surveying and creating environmental benefit lots involves applying for a resource consent from the Waikato District Council, engaging a qualified surveyor to prepare a scheme plan and a survey plan, and registering the covenant areas with Land Information New Zealand. The surveying and creation of environmental benefit lots can contribute to the preservation and restoration of biodiversity, landscape, and cultural values in the Waikato district. It was fantastic to see the increased wildlife now inhabiting the area and having a positive effect on the natural landscape. Our team has extensive experience in creating and securing environmental benefit lots in the Waipa region. We can help you with the identification, procurement of funding, establishment, and legalisation of these lots, which are valuable for conservation and development purposes.