Do you have a cross-lease dispute ? Is the neighboring property withholding consent ? The articles below discuss cross-lease disputes and your rights and remedies.
Introduction Background of the Dispute Tenant’s Application for Relief Waimarie applied to the High Court under s253 of the Property Law Act 2007, requesting relief against cancellation of the lease. The company argued that it would be able to clear the arrears within three weeks based on either: Landlord’s Objections Legal Framework and Principles Court’s […]
Introduction 1. Cross-lease properties are a common form of residential ownership in New Zealand. However, they often give rise to complex disputes — particularly when one owner makes changes to their exclusive-use area without the required consent of others. A recent High Court decision, Hall & Anor v Geary Ltd & Ors [2025] NZHC 1004,
Cross-Lease Disputes in New Zealand: Key Lessons from Hall v Geary [2025] Read More »
Introduction Cross-lease disputes are a prevalent issue in property law, especially when it comes to the reasonableness of withholding consent for structural alterations. The recent case of Martelli v Liow [2024] NZHC 968 offers an insightful exploration of this complex area, reaffirming the principles set out in the landmark case Smallfield v Brown [1991]. This
Cross-lease dispute and withholding consent for structural alteration – Martelli v Liow. Read More »
Introduction The New Zealand Court of Appeal’s decision in Turner v Goldsbury [2024] NZCA 292 highlights the complex nature of cross-lease disputes and the legal principles governing the withholding of consent for property modifications. This case offers a significant precedent on how courts may approach issues related to cross-lease agreements and the reasonable withholding of
Cross-Lease Disputes and Withholding Consent: A Legal Analysis Read More »
