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ARTICLE · 10 MAY 2013

Web of insurance issues in cross lease properties

Cross lease property owners must become familiar with the terms of the lease before settling EQC or insurance claims.

New ZealandInsurance

Owners of cross lease properties face much the same complexities as owners of unit title properties in that your insurance claim affects your neighbours as well as you. The difference is that, unlike unit title properties (where all unit owners are covered by the same insurance policy taken out by the body corporate), cross lease properties often feature adjoining properties covered by different insurance policies.

Cross lease properties usually feature two or more flats built on one parcel of land, with long term (999 years is common) leases giving each flat owner the exclusive use of their flat. As an owner of a cross lease property, you are bound by the terms and conditions in the lease document registered against your title. The lease forms used for cross leases are reasonably standard, but several different forms exist. What applies to one cross lease development may not apply to another.

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