Secret Flowchart Formula To Unlock Cross-Lease Issues

01.04.24

Click here to download HouseMe Legal's Secret Flowchart Formula To Unlock Cross-Leases Issues.

Background

The purpose of this flow chart is to explore if there are any issues with a cross-lease title and how they can be fixed. The options to fix the issues are summarised in clauses 6.4 and 8.7 of the ADLS Agreement. The most common cross-lease issue involves a cross-lease owner building a new structure on the flats plan that requires the written consent of the cross-lease neighbour.

Cross-Lease Flow Chart

Clause 6.4 of the ADLS Agreement for Sale and Purchase of Real Estate

Clause 8.7 of the ADLS Agreement for Sale and Purchase of Real Estate

Cross-Lease Checklist

Click here to see 12 essential things to do when buying a Cross-Lease.

Cross-Lease Fixable with Written Consent of Cross-Lease Neighbour

Example 1: Click here to see an example with a deck.

Example 2: Click here to see an example with a deck and shed.

Cross-Lease is Defective and Requires the Flats Plan to be Updated

Click here to see an example where an owner had built over common property. The owner had to withdraw the property from the market until the Flats Plan could be updated.

Cross-Lease Title Review

Click here to see an example.