November 05 2014
A cross lease title consists of two parts; the first is an undivided share of the whole piece of land that the dwelling or ‘flats’ are built on; the second is a registered lease (Memorandum of Lease) for a fixed year period for each flat owner. Each owner has exclusive possession of their own flat for residential purposes and they are referred to as lessees and lessors. You will have exclusive use of your flat and any land allocated to that flat. Each owner enters into a covenant agreeing not enter into each other’s exclusive area. Any land that’s outside the covenants (such as a shared driveway) can be used as a common area by all the flat owners.
There are some downsides to cross lease ownership. Each owner may not cause annoyance, grievance or disturbance to each other. You also need the consent of the other owners to make alterations to the outside of your flat – there’s more on this below.