Listed Property - selling off tiny bit of garden edge to neighbour?

[ashthekid]

I am looking at purchasing a tiny bit of land off the neighbouring property which is a Listed property(mine isn’t Listed). It’s only a corner section big enough to park a car directly off the street(no kerb exists and there is already an opening in the wall so no demolition works either). I already have a right of access over the land in question for access to a garage door entrance and access to my garden.

 

I would like to know if anyone has experienced anything like this? Is it a simple procedure? Would Listed Building Consent be required even tho no physical building is involved, just a tiny bit of land on the corner?

Am I wrong to assume it is a simple task and Land Registry are contacted to determine the land boundary change and then just update the deeds. With my property not being listed it may mean a separate title deed is drawn up just for the piece of land being transferred into a new name rather than added to my title deed. Assuming the little bit of land in question would no longer need to be listed as it contains no building or structure. 

[ToughButterCup]

First things first. Has your neighbour offered the land to you for sale?

[nod]

Nothing is simple with listed buildings Our neighbors house is listed

A wall in there back garden has fallen over and they have been told not to touch anything That was six weeks ago 

[Ferdinand]

If it is not especially important in the character of the listed building, and it sounds not if you can drive over it, then it should imo be straightforward.

 

Personally I would just crack on. If somebody wants to complain, let them do so afterwards. If you change nothing physically, then I would not worry.

 

If things on the land are mentioned in the listing, then I might be more cautious - as imo the obligations will run with the land and you will pick them up.

 

Perhaps get a written confirmation from your solicitor that there are no problems.

 

If there are common interests be clear on the new relationship.

 

Check this:

https://historicengland.org.uk/images-books/publications/listed-buildings-and-curtilage-advice-note-10/heag125-listed-buildings-and-curtilage/

 

Ferdinand

 

 

[ashthekid]

@Ferdinand I think you are right.
It’s just a bit of tarmac with no character or link to the Listed property whatsoever that random people park on without permission(and ignoring the “No Parking - Private” sign) which then blocks my Right of Access to my property. The neighbour isn’t too concerned about it as it’s bizarrely outside their front brick wall boundary and that’s why they are happy to transfer it over to me because it means they don’t have to deal with the hassle of people parking there and also maintaining it. The land is worthless because it’s kind of part of the street with no raised kerb or anything like that. Nothing could ever be built on it. In fact, when highways resurface the road they tend to always resurface this bit as well which is probably why people randomly park there. 
Ideally when I own it I can put some kind of tasteful white line on the road to clearly mark it out as Private, with only me being able to park there. 

 

 

[newhome]

56 minutes ago, ashthekid said:

Ideally when I own it I can put some kind of tasteful white line on the road to clearly mark it out as Private, with only me being able to park there. 

 
You’re not allowed to paint white lines on the road but you could put up a small chain barrier to block off the site or put a lockable post in. You’d have to remove it of course when you wanted to park there but if keeping people from parking on it is the most important thing then the bit of hassle may be worthwhile. 
 

Something like this 

 

https://www.barriersdirect.co.uk/bollards-c1022/parking-bollards-c1223/parking-post-hinged-sturdy-integral-lock-bolt-down-or-concrete-in-british-made-p517?shopping&ppc_keyword=&gclid=EAIaIQobChMIz9Xlx6GN8AIVxAyLCh1oIgBjEAQYAiABEgLU4fD_BwE

 

 

 

[joe90]

1 hour ago, ashthekid said:

and ignoring the “No Parking - Private” sign) which then blocks my Right of Access to my property.

perhaps a sign that says 24hr access required, vehicles will be towed away if access is blocked.

[ProDave]

A picture might yield better suggestions to stop unauthorised parking?

 

You can paint what you like on your land (once you own it) for instance a yellow cross hatch?

[ashthekid]

These photos are quite old now but they the best ones to show what I mean.

 

The car parked is just one of many who consistently park there but the current owner of the neighbouring property isn't understandably concerned because it's not affecting them. It does of course affect my access to garage doors and also the pathway that should be allowed as per my right of access to maintain the wall along the side of my property and gain access to my back garden.

 

The outline in red is the land in question. Please ignore the large bush which is gone now. It might be a bit confusing.

[newhome]

36 minutes ago, ashthekid said:

The car parked is just one of many who consistently park there

 

Well that's just poor behaviour from the people who park there. They can plainly see that it's not part of the road and is blocking your garage access. I think signs and markings won't help unfortunately - you'll need to stick a lockable post or something there to break them of the habit and make it impossible to park there I think. What do the markings on the road the other side say?

 

  

[ProDave]

My guess is the "under offer" sign screams "building is vacant an not in use"

 

Put up a "garage in constant use" sign and that will help.

 

The tapered bit, to a casual observer looks like part of the highway, there really is nothing to say otherwise.  you could try painting a white line just inside your boundary and painting "private" on the bit inside the line?

[ashthekid]

The Under Offer sign was taken off 3 years ago when I bought it but you are right, during the time it was up for sale people took advantage for sure and now still do.

[ashthekid]

I’m not sure the conservation officer would allow a lockable post unfortunately but until I own the land I won’t be able to enforce any private parking/access only on it. 

[Temp]

As its outside the walled boundary its unlikely to be "within the curtilage of the listed building" so it shouldn't be a problem.