Freehold โ Due Diligence Guide for NZ Buyers
Freehold (fee simple) is the most complete form of property ownership in New Zealand. The owner has full rights to the land and any buildings on it, with no co-owner dependencies or lease arrangements. Freehold is the most common and most straightforward title type for standalone houses.
How Freehold Differs
| Attribute | Freehold | Other Types |
|---|---|---|
| Land ownership | Full ownership | Varies by other types |
| Co-owner consent needed | No | Cross-lease: Yes |
| Body corporate | No | Unit title: Yes |
| Ongoing costs | Rates + insurance only | May include levies, ground rent |
Key Risks & Red Flags
Freehold is the lowest-risk title type, but risks still exist:
- Registered interests: Easements and covenants can restrict use. Always review the title.
- Unconsented work: Previous owners may have done building work without consent. Check the LIM.
- Natural hazards: Flooding, erosion, or land instability can affect any property regardless of title.
- Boundary disputes: Ensure fences and structures are within your actual boundaries.
Due Diligence Checklist
- Obtain and review the certificate of title
- Check for registered easements and covenants
- Order a LIM report from the local council
- Arrange a building inspection
- Verify property boundaries (consider a surveyor if unsure)
- Review the sale and purchase agreement with your lawyer
- Check natural hazard overlays on council maps
- Confirm rates and any outstanding charges
Frequently Asked Questions
Is freehold always the best title type to buy?
Freehold offers the most flexibility and fewest restrictions, but it's not always the best value. A well-priced cross-lease or unit title property in a better location could be a smarter purchase.
What restrictions can exist on freehold land?
Council zoning rules, registered easements, covenants, and heritage protections can all limit what you do with freehold land. Full ownership doesn't mean zero restrictions.
Related Content
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.
Easement
GlossaryA legal right allowing someone to use part of another person's land for a specific purpose.
Covenant
GlossaryA legally binding restriction or obligation attached to a property's title that controls how the land can be used.
LIM Report
GlossaryA Land Information Memorandum โ an official council report summarising everything the council knows about a property.
Cross-Lease
Property TypeCross-lease is a uniquely New Zealand form of ownership where multiple owners share the freehold of a single parcel of land and lease their individual dwellings from each other. Each owner's dwelling is defined by a flats plan registered with LINZ.
Unit Title
Property TypeUnit title is the standard ownership structure for apartments, townhouses, and multi-unit developments in New Zealand. Each owner holds title to their individual unit and a share of common property, managed by a body corporate.
Leasehold
Property TypeLeasehold means you own the buildings but lease the land from a separate landowner (often a council, iwi, church, or trust). You pay ground rent for the right to occupy the land, and the lease has a fixed term.
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