Our cross lease neighbours do not want to give consent to our renovation plans. Their main reason is that it will impact on their lifestyle, i.e. their outdoor living on their new deck they built last summer. However, we have just discovered that their new deck is built right up to our fence. We have also been told that they should have asked our permission to build this deck first. Can anyone please verify what is the rule around building decks up to fences and where can we find this information! Does it matter that this deck is less than 1 metre tall! I've hunted on the council website but nothing is jumping out. Many thanks.
pico42,
Oct 21, 6:10pm
That fence will be an internal boundary! So in the Councils eyes not a boundary at all.
What does your cross lease agreement say!
fakenz,
Oct 21, 6:25pm
Thanks for your reply. This is good information to know. Our agreement just says that they must not make any structural alterations which increases the external dimensions of the building without the lessors consent.
krames,
Oct 21, 6:45pm
if its good enough for them to build a deck without your consent then whats holding you back!
enpointe,
Oct 21, 6:48pm
I don't think a deck would be considered a "structural alteration to a building".From what you describe it is low and really just a ground covering (could just as easily be a tiled area that goes right up to the boundary!).
We have a consented deck that goes right up to two boundaries and we didn't have to ask our neighbours' permission (but not cross lease).Although this may well have since changed.
gabbysnana,
Oct 21, 6:50pm
the foot print of your fllat only, does not refer to decks. You have an exclusive use area on your flats plan, defined by the fence line. You can do what you like within your exclusive area, including decks up to the fence line. You do not need your neighbours consent. You cannot alter the exterior of your flat at all. IF you want to you need your neighbours consent. Then you must have the flats plan resurveyed at your cost, involves both leases, flats plan and consent of your lenders if any.
woody89,
Oct 21, 6:57pm
We thought our neighbours couldn't build a deck up to our boundary fence without our consent (we are both on freehold sites in the Waikato district council). Turns out under a certain size & height, they can, ours scaled theirs back & council was happy with it at just over a metre high. At 1 metre & on an internal boundary I doubt theres much you can do. Some details usually on council websites, otherwise phone & talk to building inspector to check.
fakenz,
Oct 21, 7:03pm
Thanks heaps everyone for your replies. Not the information we were hoping to hear but still important none the less :-)
spiritofgonzo,
Oct 22, 6:20am
ask in realestate too - they have experts, and theres a lot of heresay with cross leases.
newtec1,
Oct 22, 7:06am
Regarding he deck being under 1mtr,a consent is not reguired for decks under 1mtr.
t_naki,
Oct 22, 7:23am
One thing the council might catch you on is ground cover, A mate had to have resource consent because he was covering more than the permitted percentage of the ground with his new deck. None of his neighbours minded but he needed them all to sign off on it.
tigra,
Oct 22, 8:16am
There is no heresay in Cross leases you just have to read them.
kcc55a,
Oct 22, 8:20am
I notice you just refer to your plans as "renovation plans"which could cover a lot of changes, and then just refer to their deck. Maybe you need to be a bit more forthcoming about what you actually want to do.
spiritofgonzo,
Oct 22, 8:33am
.right, sorry, let me rephrase for the pedantic.There are a lot of people giving bullshit advice, that is simply incorrect in regards to crosslease rights / procedures.There are a couple of experts at realestate that will put it right.This is a perennial subject over there.
muzzaandmich,
Oct 22, 8:45am
A little knowledge is a dangerous thing. Get legal advice
tigra,
Oct 25, 1:59pm
spiritofgonzo wrote: .There are a couple of experts at realestate that will put it right.quote]
Thats a laugh it will probably be turned completely around into a dissertation on something totally irrelevant.
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