Thursday, 27 February 2014

property matters

I think we're back on an even keel now.  I enjoyed P's company yesterday on the bus over to his dad's house so I guess he can't be made of pure evil. 

OK, so.  Say you have a cross-leased home.  You own 1/4 share of X metres squared with four houses on it; say, Numbers 2 through 5.  You live in Number 4.  None of the houses have off street parking.  Number 1, not on the cross lease, is a home and therapy business, though you've never seen anyone go there for treatment, much less understood what sort of therapy it is doling out.  Number 2, probably the nicest of the bunch, is for sale.  You get a phone call from a prospective purchaser.  She:

- wants to use Number 2 as an office for her business;
- has three or four staff;
- will need resource consent from the council to do this and thinks that the council will only by concerned about noise and traffic;
- thinks there is good parking on a side street;
- considers her business won't generate noise;
- has been told by other residential neighbours to her business in its current location that they appreciate having someone home all day;
- wants to sound you out about whether you'd be prepared to consent to vary the terms of the cross lease to allow No 2 to be used in this way. 

Do you agree to the usage of the property in this way?  My instinct is no; but I don't want to be unreasonable (slash can't be unreasonable by the terms of our cross lease).  I mean, it's really just a preference on my part for nice, residential neighbours, and a desire that our whole street doesn't become marginalised / workplacified, which is kind of a worry given it's proximity to the city.  Ill defined complaints, really.  It might be the time to agree to subdivide?

Also, do you think I've done a terrible job of seeking to anonymise this information?  Why yes, so do I!

And yes, I think it's probably apparent that my daytime lawyering has little if anything to do with matters property.  I received my worst ever grade in property law while an undergraduate; I'm pretty sure I erased what little knowledge I had of it shortly after gaining admission to the bar and would NEVER advise anyone else on property issues, FYI.  In case you were wondering what sort of hopeless solicitor asks the internet questions about her real estate issues - I'm a different sort of hopeless lawyer.  (I JEST.  I AM PERFECTLY COMPETENT.  MOSTLY) (Never ask me about trusts.  Just, don't.  Wills either.  In fact, just assume I'm not able to advise you about anything, ever, including your haircut.  Hopeless is the name of the blog, after all)

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