Q We have a neighbour who shares a cross-lease with us and three others in Auckland. The neighbour is putting an 8x4 metre unit on the back of their property, which will overlook ours and severely impact our privacy. It is openly opposed by us and the others on the cross-lease. Is there anything we can do to stop the building going ahead? All the materials are on site and the builder is apparently due to start.
A The answer to the question will depend on the wording of your cross-lease, which vary. Most cross-lease agreements prohibit lessees from undertaking alterations or additions without the other lessees’ consent. This is usually with the proviso that consent cannot be unreasonably withheld. In deciding whether refusal is unreasonable, judges will normally weigh the detrimental effect on the other lessees against your neighbour’s benefit.
Detriment can include matters such as loss of amenity, peace or privacy from being overlooked, which you say applies here.