Cross Lease to Fee Simple (Freehold) Title Conversion
Cross lease to fee simple title conversions are commonplace, considering that fee Simple Subdivisions—also known as freehold titles—are the most frequently used subdivisions in NZ. If you’re looking for a cross lease fee simple conversion service, read on to learn the details.
What is a cross lease title?
A cross lease title is a legal document setting out your rights in the land to which the title is registered against. With a cross lease, you own an equal share in the underlying land, and enjoy exclusive use of a flat or building, which are leased from all the other owners. These exclusive use areas include buildings, and other areas set out on the cross lease flats plan. Common areas—such as driveways—are held in common ownership between all owners.
What is a fee simple title?
A fee simple title is the most common form of land ownership in New Zealand. It gives you exclusive ownership and use of the land held in your name. Your fee simple title describes the land the title is registered against, who the title is registered to, and any interests that exist in that land. Interests in the land can include mortgages, easements, covenants, and restrictions under the Resource Management Act 1991.
What are the advantages of converting from a cross lease to a fee simple title?
By converting from a cross lease to a fee simple title you are creating a new parcel of land, and registering a new title to that land.
With a cross lease title, you own an equal share in the underlying parcel. Therefore, you will require the consent of your co-lease owners (i.e. co-title holders) to carry out works. By converting to a fee simple property, you own your piece of land alone, and do not require co-lease owner’s approval to carry out works on your property.
Fee simple properties are more favourable to buyers too, as they are better understood. The simple exercise of converting a cross lease property to fee simple can lead to increased property value.
How to convert a cross lease to fee simple?
Converting from cross lease to fee simple requires a resource consent application, construction (depending on the layout, existing services, and quality of access), surveying of new boundaries, and new issuing of new titles.
Let’s break it down further:
Council Consent Application
Our experienced team will survey your site and prepare the necessary scheme plans to show the proposed layout of your new boundaries. Our engineers will then review your current services, and recommend any necessary changes to bring the services up to council standards. Finally, our planners will compile all the above information and prepare a resource consent application before lodging this with the council.
Any works required by the consent conditions will need to be completed. Our surveyors will peg your new boundaries, and also prepare the survey plan for lodgement with LINZ.
Finally, we can help you apply for 223 and 224C certificates. The 223 certificate confirms that the surveyed boundaries match the approved scheme plan, while the 224C certificate confirms that all resource consent conditions have been met.
Once these are approved, we can lodge the survey plan for review and approval with LINZ. If you like, your solicitors can lodge your title documents for review and approval by LINZ instead.
Want to realise your properties full potential, by converting to fee simple? Contact one of our team to review your site.