What difficulties are there with cross lease properties?

With cross leases is that the underlying land is in joint ownership with all parties involved in the cross lease and each owner leases the portion of land their dwelling is located on from all the other owners.

This can create problems when you are purchasing or selling a cross lease as additional checks need to be undertaken to ensure the title is not defective i.e the cross lease plan not matching the buildings that are actually on the site. This can be problematic as it is frequently only picked up late in the process when the Solicitor’s look at the titles.

Depending on how the cross lease documents are written, additions to your property e.g. a new garage, carport or extension to your house may require neighbour’s permission to do so. They may not provide this.

If additions are undertaken without the neighbour’s consent, as their sign-off will be required, it may be near impossible to update your cross lease title.