Fee Simple vs Stratum Estate (Stratum in Freehold)
Fee simple is standard freehold ownership of land and everything on it. Stratum estate (stratum in freehold) is freehold ownership of a defined three-dimensional space โ common in modern townhouse and terrace house developments where you own your dwelling's airspace but share or have separate arrangements for the land beneath.
Side-by-Side Comparison
| Attribute | Fee Simple | Stratum Estate (Stratum in Freehold) |
|---|---|---|
| What you own | Land and everything on it, surface to sky | A defined 3D volume of space (your dwelling's envelope) |
| Land ownership | Full ownership of the land parcel | May not own the land directly โ owns the stratum (space) |
| Common in | Standalone houses, sections, traditional subdivisions | Modern townhouses, terraces, duplex developments |
| Body corporate | No | Often has a residents' society or body corporate for shared areas |
| Shared infrastructure | None โ fully independent | Often shared driveways, services, or common areas |
| Bank lending | No restrictions โ standard freehold | Generally treated as freehold โ no major restrictions |
| Building freedom | Full control within council rules and registered interests | May be limited by covenants and shared structure boundaries |
| Title description | Fee Simple on title | Stratum in Freehold or Fee Simple (Stratum) on title |
Fee Simple Explained
Fee simple is the standard form of freehold ownership in New Zealand and the most complete form of private land ownership. When you own fee simple, you own the land parcel and everything built on it. Your ownership extends from the ground surface upwards (with some practical limitations for airspace) and includes the right to use, develop, sell, or pass on the property.
Fee simple is the default title type for standalone houses, bare land, and traditional subdivisions. It is the simplest title to understand, the easiest for banks to lend against, and gives owners maximum flexibility for renovations and development (subject to council rules, easements, and covenants).
Stratum Estate (Stratum in Freehold) Explained
Stratum estate (stratum in freehold) is a form of freehold ownership where the title defines a three-dimensional space rather than a traditional land parcel. This is increasingly common in modern medium-density developments โ townhouses, terrace houses, and duplexes โ where individual dwellings are built close together or share party walls, and the development uses a stratum subdivision rather than traditional fee simple lots.
With stratum estate, you hold a freehold title to the defined space your dwelling occupies. The land beneath may be owned separately or as a shared parcel with easements and covenants governing access, services, and maintenance. While stratum estate is legally freehold and banks generally treat it the same as fee simple, buyers should check for any covenants, easements, or residents' society obligations that come with the title. These can affect what you can do with the property, particularly regarding exterior changes and shared infrastructure.
Do You Need Both?
You will encounter one or the other depending on the property and development type. Fee simple is standard for older, standalone properties. Stratum estate is increasingly common in new-build townhouse and terrace developments. The practical difference for most owners is minimal โ stratum estate is still freehold and banks treat it accordingly. The key is to check what obligations and restrictions come with a stratum title, particularly around shared driveways, party walls, and residents' society rules.
Which Should You Get First?
If you are considering a stratum estate property, have your lawyer review the registered interests carefully. Check for covenants that restrict exterior changes, easements for shared access and services, and any residents' society or body corporate obligations. Compare the total ongoing costs (including any society levies) with a standard fee simple property to understand the true cost of ownership.
Frequently Asked Questions
Is stratum estate the same as unit title?
No. Stratum estate is a form of freehold where you own a defined space. Unit title is a different structure where you own a unit plus a share of common property under the Unit Titles Act 2010 with a mandatory body corporate. Stratum estate is closer to fee simple in legal terms, though the practical experience (shared areas, covenants) can feel similar to unit title in some developments.
Do banks treat stratum estate differently from fee simple?
Generally no. Most banks treat stratum estate as freehold and apply standard lending criteria. However, some banks may look more closely at developments with extensive shared infrastructure or very small stratum lots. Check with your bank or mortgage broker early in the process.
Related Terms
Fee Simple
GlossaryThe legal term for freehold ownership โ the most complete form of property ownership available in New Zealand.
Freehold
GlossaryThe most complete form of property ownership in New Zealand, giving the owner full rights to both the land and any buildings on it.
Covenant
GlossaryA legally binding restriction or obligation attached to a property's title that controls how the land can be used.
Cross-Lease vs Freehold
CompareFreehold gives you full ownership of land and buildings with no co-owner dependencies. Cross-lease means shared land ownership with restrictions on changes โ typically 5-15% cheaper but less flexible.
Unit Title vs Freehold
CompareUnit title is for multi-unit developments (apartments, townhouses) with shared common property and a body corporate. Freehold is standalone ownership with full control. Different products for different needs.
Cross-Lease vs Unit Title
CompareBoth are multi-unit ownership structures, but they work very differently. Cross-lease involves shared land ownership with a flats plan, while unit title has a formal body corporate with a unit plan under the Unit Titles Act 2010. Unit title is the modern standard; cross-lease is a legacy NZ structure being gradually phased out.
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