Our surveyor will evaluate your current cross lease circumstances, identify the issues, outline the options and confirm the process for conversion
Cross Lease to Freehold
Thinking About Converting to Freehold? We Can Help
Have a Cross Lease Property and Considering Your Options? Thinking About Updating the Lease or Converting to Freehold?
Updating your property’s current cross lease title or converting from a cross lease to freehold title unlocks greater flexibility, fewer restrictions, and improved resale value. At Eliot Sinclair, we combine planning, surveying, and engineering expertise to make the process as smooth and straightforward as possible — from confirming any underlying cross lease title defects and identifying remedy options to navigating the consenting process and final title approval.
What Is a Cross Lease Property?
A cross lease is a form of shared property ownership where two or more parties own an undivided share of the land and lease the individual dwellings to each other. While this was a popular and cost-effective way to subdivide land in the past, it can often lead to complications — especially when making renovations, selling, or redeveloping.
Common issues that arise with cross lease titles include:
- Disputes or delays when one owner wants to make changes to their dwelling or garaging
- Historical building additions and / or demolitions that have not been consented to by all parties
- Building works undertaken without appropriate Local Authority consent
- Unexpected legal or surveying costs and associated delays during a property sale
That’s why many property owners are now choosing to convert their cross lease title to freehold — also known as fee simple — to gain more certainty, autonomy, and long-term value.
Why Convert to Freehold?
Converting your cross lease property to a freehold title gives you full ownership of your land — removing shared legal complications and making your property easier to manage, sell, or develop in the future.
Some of the key benefits include:
- Greater control – Freedom to make improvements or renovations without needing consent from co-owners
- Increased resale value – Freehold properties are generally more attractive to buyers and investors
- Simplified legal structure – Eliminate the lease agreement and shared ownership complexities
- Easier property transactions – Fewer delays and legal hurdles when selling or refinancing
- Future-proof your investment – Ideal if you plan to redevelop or subdivide the site further
At Eliot Sinclair, we guide you through the entire process — from surveying and planning to resource consent and title conversion — so you can unlock the full potential of your property with confidence.
Our Cross Lease to Freehold Process
We manage the entire process from start to finish — so you don’t have to.
Here’s what to expect when you partner with Eliot Sinclair:
Step 1: Understanding the Site-Specific Issues
Our surveyor will evaluate your current cross lease circumstances, identify the issues, outline the options and confirm the process for conversion
Step 2: Site Assessment & Title Review
Our surveyor will visit your property to complete a boundary and title assessment. We identify any overlapping property interests, need for easements and the extent of any inconsistencies that may aff...
Our surveyor will visit your property to complete a boundary and title assessment. We identify any overlapping property interests, need for easements and the extent of any inconsistencies that may affect the conversion.
Step 3: Engage with Co-Owners and your legal advisor
All co-owners must agree to the conversion. We can support you and your legal advisor with the documentation and planning needed to get everyone on board early.
All co-owners must agree to the conversion. We can support you and your legal advisor with the documentation and planning needed to get everyone on board early.
Step 4: Scheme Plan
Our surveyor prepares the subdivision scheme plan which illustrates the new freehold boundaries and any proposed easement interests. This becomes the foundation for your resource consent application.
Our surveyor prepares the subdivision scheme plan which illustrates the new freehold boundaries and any proposed easement interests. This becomes the foundation for your resource consent application.
Step 5: Resource Consent
Our planner will prepare the necessary resource consent application, lodge it with council and manage all queries or required changes. Our experience across multiple councils ensures a smooth consent ...
Our planner will prepare the necessary resource consent application, lodge it with council and manage all queries or required changes. Our experience across multiple councils ensures a smooth consent process.
Step 6: Legal Survey & Title Documentation
Once consent is approved, we complete the final legal survey placing the necessary boundary markers and work closely with your solicitor to prepare survey and legal documents for Land Information New ...
Once consent is approved, we complete the final legal survey placing the necessary boundary markers and work closely with your solicitor to prepare survey and legal documents for Land Information New Zealand (LINZ).
Step 7: New Titles Issued
LINZ issues the new freehold titles. You each now have full ownership of your land parcel , and your cross lease is officially a thing of the past.
LINZ issues the new freehold titles. You each now have full ownership of your land parcel , and your cross lease is officially a thing of the past.
Timeframes and Costs for Freehold Conversion
Every cross lease conversion project is unique, and the overall timeframe and cost will depend on your property’s layout, council requirements, and how many owners are involved. At Eliot Sinclair, we provide a tailored project scope and cost estimate upfront — so you can make informed decisions from the start.
Typical timeframes:
Most projects are completed within five to six months, though this can vary based on:
- The level of agreement between co-owners
- Council processing times for resource consent
- The complexity of any construction related works identified in Council’s resource consent conditions
- Any site-specific legal or surveying complexities
Indicative costs:
Eliot Sinclair’s total cost of converting a cross lease property to freehold typically falls within $16-$18k + GST and includes:
- Scheme plan preparation and boundary marking surveys
- Resource consent preparation and submission
- Final legal survey documentation and LINZ lodgement
- Coordination with your legal representatives
We’ll talk you through what’s required for your specific site and provide a detailed breakdown of what’s involved — no hidden surprises. We can provide guidance on Council fees, LINZ fees, any likely utility service detection costs (if any) and whether construction related resource consent conditions can be expected. The early involvement of your legal advisor in providing co-owner agreement is recommended, along with advice and coordination of survey and legal documentation for LINZ approval.
What You’ll Need for a Successful Conversion
To ensure a smooth transition from cross lease to freehold, there are a few key things you’ll need to have in place. Eliot Sinclair will guide you through each step, but it helps to be aware of the essentials before getting started.
1. Initial Agreement from All Cross Lease Owners
Converting to a freehold requires the agreement of all owners on the title. Talk to your co-owners, we can help explain the process and the benefits to them.
2. Formal Legal Agreement
Once all co-owners agree to the conversion, we recommend having your legal advisor prepare a simple agreement between all parties to confirm the decision.
3. A copy of Your Current Title and Flats Plan
These documents show how the current cross lease is structured and help our team assess what changes are required for conversion.
4. A Land Survey and Scheme Plan
Our team will undertake a detailed site survey and prepare a scheme plan showing the proposed new freehold boundaries.
5. Resource Consent from Council
Most conversions require resource consent for subdivision. We’ll prepare and lodge this on your behalf and manage any council communications.
6. Legal Support for Title Updates
Your lawyer will help formalise the new titles with Land Information New Zealand (LINZ) once the survey and council steps are complete.
If you’re unsure where to start or what applies to your situation, we’re happy to assess your property and provide a clear roadmap tailored to your site.
Start Your Cross Lease Conversion Project Today
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