Cross lease titles are one of the most common — and most misunderstood — forms of property ownership in New Zealand. If you're buying a cross lease property, understanding the title structure can save you from costly surprises.
What Is a Cross Lease Title?
A cross lease is a form of shared property ownership where two or more owners each hold a share of the freehold land, plus a leasehold interest in the building (or area) they occupy. Unlike a fee simple (freehold) title where you own the land outright, a cross lease means you co-own the land with your neighbours and lease your specific dwelling from that shared ownership.
Cross leases became popular in the 1960s through to the 1990s as a cheaper alternative to subdivision. They allowed property owners to build additional dwellings on their land without going through a full subdivision process. While unit titles and fee simple subdivisions are now preferred, thousands of existing New Zealand properties remain on cross lease titles.
How Cross Lease Titles Work
The structure of a cross lease involves several key components:
🏠 Undivided Share
Each owner holds an equal undivided share of the freehold estate in the underlying land. For two dwellings, each owner typically holds a 1/2 share.
📋 Leasehold Interest
Each owner has a lease (typically 999 years) over the area their building occupies, including exclusive use areas like gardens or driveways.
📐 Flats Plan
A registered survey plan (flats plan) that shows the footprint of each building and any exclusive use areas. This plan is legally binding.
The Critical Rule: No Unapproved Alterations
The most important thing to understand about cross lease titles is the restriction on building modifications. Any alteration to the building footprint — including extensions, carports, decks, or even substantial garden sheds — requires consent from all other cross lease owners and an updated flats plan registered with the official land registry.
- 🚩Unapproved structures — If a previous owner built without updating the flats plan, the property has a defective title. This can affect your ability to sell or refinance.
- 🚩Neighbour disputes — Without neighbour consent, you cannot legally make changes. Disputes can be costly and time-consuming to resolve.
- 🚩Insurance complications — Insurers may decline claims or reduce payouts if the flats plan doesn't match the actual building footprint.
Cross Lease vs Fee Simple vs Unit Title
What to Check Before Buying a Cross Lease Property
💡 Pro tip:
Order the instruments (documents) registered on the title to see the actual cross lease agreement and any variations. At just $39.90, it's a small price for peace of mind.
Can You Convert a Cross Lease to Fee Simple?
Yes, it's possible to convert a cross lease to fee simple through a formal subdivision process. This involves surveying the land, obtaining resource consent from your local council, and registering new individual titles with the official land registry. While the process typically costs $15,000–$30,000 per dwelling, it can significantly increase property value and remove the restrictions that come with cross lease ownership.
All cross lease owners must agree to the conversion, and you'll need to engage a licensed cadastral surveyor and a solicitor to manage the process.
Frequently Asked Questions
🔍 Check Your Cross Lease Title
Order a Record of Title to verify the flats plan and ownership details
Order Your Search →Certificate of Title NZ is an independent service providing property title searches from New Zealand's official land registry.