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I am trying to acquire a small piece of land from my neighbour, it's about 150 sq ft, I have offered a deal to sort out a big dead tree problem they have and that I'll cover the legal work for the transfer. All is well so far, it's actually a pretty good deal for them for a piece of land they don't really need.

 

I will arrange the surveyor to produce the LR compliant plans, but is a conveyancer necessary for the legal work to transfer it if both parties are compliant?

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3 minutes ago, Mulberry View said:

I will arrange the surveyor to produce the LR compliant plans, but is a conveyancer necessary for the legal work to transfer it if both parties are compliant?

 

I don't necessarily think that it is, I am splitting the title at the moment on my property and you need to fill in a TP1 form.

 

https://www.gov.uk/government/publications/registered-titles-part-transfer-tp1

 

I have a conveyancer doing the work as there there is a mortgage on the property and there were a few rights that needed to be put on the new title.

 

However i drew up the LR plans, which the conveyancer checked and was happy with. If there is no mortgages and no tricky rights to deal with I think you can do it yourself.

 

If you are half decent at CAD you can even do the plans yourself.

 

Be warned the LR is taking a long time splitting titles / land exchanges.

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6 minutes ago, Moonshine said:

 

I don't necessarily think that it is, I am splitting the title at the moment on my property and you need to fill in a TP1 form.

 

https://www.gov.uk/government/publications/registered-titles-part-transfer-tp1

 

I have a conveyancer doing the work as there there is a mortgage on the property and there were a few rights that needed to be put on the new title.

 

However i drew up the LR plans, which the conveyancer checked and was happy with. If there is no mortgages and no tricky rights to deal with I think you can do it yourself.

 

If you are half decent at CAD you can even do the plans yourself.

 

Be warned the LR is taking a long time splitting titles / land exchanges.

 

I'll take a look at it then. It's not an essential transfer for our project, but just enables us to save more trees.

 

There is no mortgage on their land, but there is on ours at the moment.

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34 minutes ago, Mulberry View said:

 

I'll take a look at it then. It's not an essential transfer for our project, but just enables us to save more trees.

 

There is no mortgage on their land, but there is on ours at the moment.

You will need a conveyancer then, as the title to your property is being changed your mortgage company needs to consent to the change. Even if that wasn't the case, I would use a conveyancer. Land is a valuable investment and the law in this area is riddled with idiosyncracies. Not worth risking getting it wrong imo.

Edited by Adsibob
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Might be simpler to acquire the land under a separate title, no need to merge it with your existing plot?

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2 minutes ago, Bonner said:

Might be simpler to acquire the land under a separate title, no need to merge it with your existing plot?

 

That would be the easiest solution and not have any issues with mortgages etc, though depending what the land is used for it may need some rights of access over it.

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28 minutes ago, Moonshine said:

 

That would be the easiest solution and not have any issues with mortgages etc, though depending what the land is used for it may need some rights of access over it.

You would want the titles merged because when you come to sell it will be administratively easier (and cheaper).

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So, it turns out that the land is owned by a Church. So it appears that we have to follow their strict procedure to buy it. 

 

This means that we need to instruct our own conveyancer and also a chartered surveyor to report on the land in question.

 

We will also need to cover their legal costs as this is in no way beneficial to the Church. I expect this will cost us around £3k in fees.


With that in mind, we might be better to buy the land for it's true value and forget the original offer to sort the tree. Any guesses what it might be worth? It's around 15m2 of 'garden land' that currently forms a corner of a rarely used lawn/overspill car park?

 

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18 minutes ago, Mulberry View said:

.... Any guesses what it might be worth? It's around 15m2 of 'garden land' that currently forms a corner of a rarely used lawn/overspill car park?

 

At this remove, that's too hard for us to help you. However, estate agents will have a good idea.

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Is it desirable to anyone else, i.e any other neighbours that could tack it on to their garden?  If not, then the sellers have a pretty limited market, so the value is whatever you're prepared to pay!

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2 hours ago, Roundtuit said:

Is it desirable to anyone else, i.e any other neighbours that could tack it on to their garden?  If not, then the sellers have a pretty limited market, so the value is whatever you're prepared to pay!

 

No, nobody else could benefit from it. It currently has a shed on it that's about to collapse and they're not really interested in replacing, so the land won't 'feel' like a loss to them.

 

What I'm really saying is that I accept the legal costs as they, it seems, are unavoidable. But if the value of the land is less than the value of the tree work I agreed to, I might see if I can buy the land and let them worry about their tree (it's ugly but doesn't affect my plans in the slightest).

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20 minutes ago, Mulberry View said:

What I'm really saying is that I accept the legal costs as they, it seems, are unavoidable. But if the value of the land is less than the value of the tree work I agreed to, I might see if I can buy the land and let them worry about their tree (it's ugly but doesn't affect my plans in the slightest).

If you're the only potential buyer, then the ball's in your court really.  I think it's going to be down to negotiation as to what combination of incentives to sell (cash or tree work) gets you the best deal!

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