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I own 1 of 6 units who share the land and noone can have

Customer Question
exclusive use ofit .5 out...
I own 1 of 6 units who share the land and noone can have exclusive use ofit .5 out of 6 owners want to build a perimeter fence by replacing an old broken fence .We understand that if the majority agree to this then we can go ahead.The properties were built in the 60's and the body corporate has lapsed.The problem that we have is that 2 of the owners want to put an internal fence between them at the same height as the external fence.1 owner admits she wants this for a dog.My question is this;does anyone have the right to fence off a portion of land with permission from the other owners or is this strictly not allowed under any circumstances?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sorry,I live in New Zealand
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.Category: New Zealand Law
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Answered in 3 hours by:
7/12/2017
Solicitor: Chris The Lawyer, Lawyer replied 6 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,326
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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The Unit Titles Act is fairly recent and a body corporate does not lapse. Do you have a crossroads situation or perhaps a company share and occupation licence arrangement? The answer depends on the nature of the titles.

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Customer reply replied 6 months ago
Basically I was told by my land agent when I bought my unit that the body corporate had lapsed but it just may have not existed.It certainly has not existed whilevI've been here in the past 7 years.
6 owners share 1/6 of the land we jointly own which is shared leasehold land.My solicitor has a copy of this and it can be found easily from Auckland Council.
I was told on purchasing my unit that no way can I fence off any part of this commonly owned land for my exclusive use which applies to all the owners so I have asked all the owners to wait for a legal answer to this.I am happy to hear your legal opinion on this matter.Do you now have all the informationyou need.My unit is 8 Novar place,point chevalier
Solicitor: Chris The Lawyer, Lawyer replied 6 months ago
A body coorate doesn't lapse although it may not have met to comply with the legal requirements. That can be resolved fairly easily by calling a meeting and appointing a chair and sorting out the statutory requirements. But when you talk about leasehold land I do wonder if this is a cross lease title. Have you ever seen the title? Your lawyer would have given you a copy when you bought this
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Solicitor: Chris The Lawyer, Lawyer replied 6 months ago
For cross lease titles fences cannot be built unless the owners all consent and there is usually an arbitration process if you cannot agree
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Customer reply replied 6 months ago
I wish to stop payment to your company.I paid $60 and that is all I will pay.Thank you
Do I need to alert my bank to stop any more money being taken ?
Solicitor: Chris The Lawyer, Lawyer replied 6 months ago

If you have bought a subscription you should contact***@******.*** to cancel this. I don't actually deal with the money side, but just answer the questions. But email them with your details and they will explain what you need to do

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Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,326
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Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

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