Buying some of neighbour's garden

[TheFallenMadonna]

We are negotiating the purchase of part of our neighbour's garden in order to extend our own (ie not to build on).

What do we need to do for the sale to go ahead.

Do we need a surveyor to re-draw plans? What else do we need to do?

And how much is it all likely to cost (as this affects how much we can afford to pay for the land...)

Both sides are clueless really, so any advice gratefully received

[mummyjaguar]

You need a solicitor to have the title to the properties changed. Not a property lawyer though I'm afraid so that's as far as my knowledge goes!

[Miggsie]

Yes, get a solicitor/conveyancer.
You need to exchange title deeds and register the purchase with the land registry.
You have a certain number of days after the purchase to register your land. If you miss this deadline they fine you £200 (this happened to my brother).

[TheFallenMadonna]

Thank you both. I shall phone some solicitors for a quote. Is it likely to be a similar kind of fee to a house purchase?

[mummyjaguar]

Should be slightly cheaper because form a legal point of view its a simpler process

[TheFallenMadonna]

Good!

[TheFallenMadonna]

Bumping for any more land purchase experts...

[Turniphead1]

Shouldn't be expensive. You just need someone to draw up a plan that shows your existing title (ie the land you now own) with your neighbour's land outlined in a different colour with the area they are selling to you croass-hatched in a third colour. This plan needs to be of a standard acceptable to the Land Registry.
Your solicitor will then draft a Contract of Sale and Transfer of Part (because your neighbour is selling off part only of their land). Your solicitor will then register the transfer at the Land Registry and ask them to merge your existing title with the new part of land you will just buy.

Have you not rung a local solicitors for a fee quote? It is pretty much the same as a house purchase. The same formalities have to be gone through, drafting documents and pre-contract enquiries, local searches etc. You don't mention if you are buying with a mortgage or cash. If the latter that makes it more straightfoward as your solictor will not also have to act for the bank/building soc in the transaction. However, even if you are paying cash, if your existing property is mortgaged your solicitor will still have to deal with your Bank as they will have to consent to the adding to the title and update their records as to the extent of the property. The only document that won't be needed is the fixtures and fittings form - assuming the land vacant.

Most sols will charge a fixed fee for a purchase based on the contract price. I'd expect about £200 and maybe £150 to get a local surveyor to draw up a plan for you. Have you agreed to pay your neighbours legal fees? That would need to be taken into account. As would stamp duty (but presume the value is under £125,000).

Hope that helps.

[TheFallenMadonna]

DH most impressed with your comprehensive answer! Thank you

[Turniphead1]

Thanks Madonna - ex commercial property solicitor. Out of it 5 years now, but good to know that 2 DCs and one in the oven later the brain works to some mild degree..
Best of luck in getting it all done.

[TheFallenMadonna]

I told him there'd be a professional on MN

[Mumsnut]

I would add, check and re-check the plan when drawn up! My Mum recently bought a house which had been built in someone's gargen and had required the transfer of title of the building plot, and the boundary line was WRONG. It has cost us a year of wrangling.

[littlerach]

We've just completed on this, and it cost £500 in sol fees, plus the cost of our neighbours legal fees.
we chose not to have a search done.

One hting which did make a difference was that our neighbours had to have a letter form their mortgage company detailing that they could sell it to us, as it was mortgaged. This took 3 weeks to ocme thorugh.

We had a local map company draw up the plan, £25, as the stipulation was that it was 1:2500 I htink.

Also, it is worth contacting the planning dept at county, as soem land has restrictions on - ours was classed as agricultural, not recreational, so that had to be looked at (was actually wrong!!)

HTH.

[TheFallenMadonna]

Thank you both. I shall investigate map people!

[horace]

I am thinking of doing his are you buying much - we nly need a tiny bit ti improve access. how much are you paying?

[TheFallenMadonna]

Still negotiating

It's not a very large area. I forget exactly how much . We have a pretty small garden, and it will (if it comes off) make it much better for the children.

We've been told it really boils down to how much it increases our house value by, balanced with how much it decreases our neighbour's house by. In our case, also by how much we can afford to pay!

[JackieNo]

TheFallenMadonna - could I ask how you broached the subject with them, please? We'd really like to do this, but short of just saying, 'Er, would you like to sell us some of your garden?', I can't think of a suitable way to start a conversation about it.

[TheFallenMadonna]

Well, fortunately they asked us. We've been eyeing it up since we moved in though . Apparently, the people who lived here before did ask just that, but they didn't want to sell then. It actually started when I popped round to tell them we were going to replace the fence between our gardens. That got them thinking apparently

[JackieNo]

Thank you. I guess I'm just going to have to bite the bullet and come out with it. Hope yours all goes through OK.

[Abeat]

My neighbour want to purchase some garden , completely took the garden , moved all my things off ,he wants to buy a other piece which I not willing to sell , problems , any ideas should I cancel sake if first ?

[guilty100]

I am thinking of asking my neighbours this, so following with interest! A couple of questions - how long does the process take? They are thinking of moving next year, so I guess I should broach the subject fairly soon? And how do you work out the value of the land, please?

[johnd2]

It's a zombie thread so if you're interested probably best to start your own!

[guilty100]

Thanks john, I didn't even notice!

[Geneticsbunny]

Zombie thread. I have reported the spammer