Selling Part of your Garden

If you are considering selling part of your land or garden, which has become much more common in recent years, there are number of factors to consider as follows:

• Mortgage company consent: If there is a mortgage secured against the property or land, the mortgage lender’s consent must be obtained. It is therefore advisable that, before agreeing to the sale, you first approach your mortgage company to obtain their consent in principle. Without their consent, the transaction cannot proceed. The mortgage company may charge a fee to provide this consent.
• Plan: An ordnance plan, compliant with Land Registry requirements, must be drawn up. Usually the land to be sold off will be shown edged in red with any necessary access-ways or retained land being shown in different colours.
• Rights to be granted: Consideration must be given to any rights that you may wish the purchaser to have over the land to be retained. For example, does the purchaser need a right of way over your property to access the road?  Are there services which cross your property and which are to be used by the purchaser?

• Rights to be reserved: Similarly to the rights to be granted, you must also consider if you need to reserve any rights over the land you are selling for the benefit of your property. This could include rights of way over the land being sold to access roads or services and/or rights of access for repair and maintenance.
• Covenants/obligations: It is important to consider whether you wish to impose any restrictions or obligations on the purchaser relating to the use of the land. Amongst other things, you may wish to limit the number of buildings that can be built on the land or indeed specify that the land can only be used as a garden. You may also wish to note the boundaries that the purchaser will be responsible for and consider any contributions that they may need to make to jointly used services or access-ways.
• Value: To ensure the consideration you are being offered is the correct value for the land, it is advisable to obtain an independent valuation of the land before accepting the purchaser’s offer.
• Legal Fees: Who will be responsible for your solicitor’s fees and disbursements? In some circumstances the buyer will meet the cost of the seller’s solicitors fees in total, including any disbursements incurred. Steps should be taken at the outset to determine responsibility for these fees to avoid disputes arising.

All of these points must be carefully considered, especially as you may be retaining land or property next to the land to be sold off. Speak to your solicitor if you have any concerns about the implications of a sale of land. They will be able to advise you fully about what you need to consider.

The Thompson Smith and Puxon Residential Property team can help with all types of residential property matters, in particular, your purchase, your sale or your remortgage. They can be contacted on 01206 574431 in Colchester or 01255 221919 in Clacton or by email at movinghome@tsplegal.com.