Understanding the difference between a cross lease and a fee simple/freehold title
Cross leases came into effect in New Zealand in the late 1960s to navigate strict subdivision requirements and save developers costs and time. Thanks to the Resource Management Act in 1991 and the Auckland Unitary Plan, cross lease arrangements are now effectively redundant. However, the complexity and resulting issues surrounding existing cross leases continue to cause ongoing frustration for property owners.
Cross leases
Each owner on a cross leased section owns undivided shares in the underlying land, and each party also 'leases' both the dwelling and the land that residence is on from all owners. The duration of the actual lease is usually 999 years. Any improvements to the property will require the consent of all of the parties listed on the cross lease arrangement. This can disrupt or prolong the sale of a property and create issues with financing and insurance cover.
Fee simple
On the other hand, the owner of a fee simple property (commonly referred to as a freehold property) is the absolute owner of both the dwelling and the land on which it is located. Therefore, the owner of a fee simple property can alter or make additions, or even subdivide the property without the neighbour’s consent, (subject to any applicable regulations of the local council).