Cross Lease Property Alterations - Cause and Effect

[Brent George]

This report highlights what appears to be a comedy of errors - although I am certain the property owners are not laughing.
Stuff - Business: 6-Oct-2019

It appears to highlight multiple errors of judgement and advice - some from professionals - that in hindsight indicated that they (the experts) did not really know what they they were advising or doing, or more importantly - how their decisions would impact on the cross lease title.

And then the icing on the cake being the Insurers actions related to the whole issue.  Unfortunately, this is becoming a common theme....

[Brent George]

The garage in Waihi Beach blocking out a seriously ill pensioner's sun
Stuff - National: 9-Mar-2023

Colin Henderson used to love his little slice of paradise on Waihi Beach. Every morning at 7.30 he’d take his cornflakes and porridge and sit on his deck, enjoying the sun and ocean views for a few hours.

Then his neighbours on the cross-lease section, Colin and Heather Booth, built a new holiday home with an attached garage that blocked out Henderson’s morning sun and view, literally leaving him in the dark.

You can't help but feel for Mr Henderson:
- he was obviously an affected party but was not identified as one by Council so had no say in the consenting process
- the "we let you build - you let us build" deal done between adjoining owners is common, but not fair when the second build is not what the other party anticipated
- despite the cross lease titles being defective, there is no compulsion to correct them
- how can the Booth's addition be in keeping with the environment and sympathetic to the adjoining properties?  (It is clearly a strong middle-finger salute to the adjoining occupiers; the other owners in the street; and also to the Council!) 

Despite the appearance in the oblique elevated photo, the new garage for Flat 1 (Booth's) does appear to have legal access the door, via a 2.96m wide leg-in across the front of both other flats, although it is unclear from the Flat Plan DPS 29091 if this area is common land or exclusive use for Flat 1.  It must be common land else Flat 2 (Henderson) has no legal frontage.  If this is not the case, perhaps the next stage for the Booth's is to construct a fence and formed access to their garage, thus impacting Mr Henderson even more....