Perhaps you have the desire to acquire or trade a parcel of land within your own or your neighbour’s garden with the purpose of constructing an expansion, enhancing a garden, erecting a shed, expanding agricultural territory, or attaining additional room to manoeuvre.
Or perhaps you have a potential buyer for the property next to yours who is interested in your land as well? Or maybe you are simply curious about the possibility of buying or selling a part of your or your neighbour’s garden?
At Gardening Liverpool, we often come across neighbours who want to solve similar matters.
Despite being subject to the same legal laws, the process of selling and acquiring land is not always as clear as one would wish it to be, but quite the opposite. The process of buying or selling land to and from nearby properties can be tricky and complex.
You must determine precisely how much of your own or a neighbour’s garden you want to transfer/acquire and how far you are willing to go with your budget.
Buying Your Neighbour’s Land: Legal Requirements
To prevent unfortunate investments and costly mistakes, it is costly mistakes, consult with a professional solicitor or an experienced property buyer, notes HosueBuyers4u. Before you proceed with buying or selling a part of your or your neighbour’s garden, you must check if what are the legal grounds, requirements and limitations before you.
- Regulations may set a minimum lot size, which can prevent you or your neighbour from selling portions of a front yard, backyard or garden.
- Other limitations may also apply, such as how far a house or property can stand be from the property line.
- You should also take into account utility easements such as gas, water, electricity, and sewers.
- You should also check to see whether blueprints and plans for the future of the garden part in questions need any special permissions or legal alterations.
For example, for more parking spot, planning authorities must approve. If you find the procedure daunting and don’t believe you can do it on your own, contact your local zoning authority for specialised professiomal assistance.
If there are no legal hurdles, your next move is to get a local appraiser for a valuation. This is how you obtain an up-to-date market date to figure out if the sale is worth it or not.
You Can Not Take Land by Force, But Only Given
That being said, if the individual next door is receptive to the idea, only then you could move forward. Contact a real estate professional and fine-tune what and how to carry the procedure to success.
Different manipulates can vary in requirements, documents, and even ways the law works. Otherwise, you risk losing both your time and money, not to mention your nerves and those of other people involved.
Legal Land & Property Ownership
The first thing on ownership is absolute clarification if the fence in between both pieces of land is in its rightful place?
In case you need professional garden clearance service, do get in touch.
When you want to do a real estate deal, identifying and verifying the true owner along with official status, specifications and details of the piece of property at hand is an absolute must.
If the garden part is within the curtilage – the part of land attached to your neighbour’s house – then he or she is most likely the legal owner of it.
During the process, you may discover that your neighbour has a leasehold title (i.e. they are a tenant). If that is the case, there are two options to consider – to buy your neighbour’s leasehold interest or approach the owner and try to buy the freehold title.
Being in the role of the property buyer, you have to check the HM Land Registry (£4) to see whether the piece land is registered and what info is available. If so, do a further search (costing £3) to determine the identity of the registered owner. If information checks out, you may continue.
If the garden is unregistered and you decide to sell it, you must ensure that your neighbour provides you with necessary documents to prove ownership.
If you are unsure about the complexities of the procedure, we suggest that you consult with a solicitor or a licenced conveyancer. Professionals will also advise you on if there are any problems with the land or other potential annoyances.
Professionals will also advise you on whether there are problems with the land or other drawbacks.
In case people on the other side have a mortgage, you will ask the bank or building society to waive the charge on the plot of land in which you are investing. Otherwise, if your neighbour falls behind on their mortgage payments, you might be in debt and lose the land. Of course, this is only possible if you have the lender’s permission to begin with.
As you can see for yourself, having all the legal details is a must.
How Does Valuation & Pricing Work?
We suggest doing extensive study for as long as you need before you proceed with selling or purchasing a piece of your or your neighbour’s garden. There may have been other options that you didn’t consider that would have determined your success or failure.
Because your neighbour is unlikely to have advertised the land for sale, determining its value is difficult. It is prudent to obtain the assistance of an estate agent or valuer early on to decide a price.
Factors at Play
To determine a fair and accurate price for a piece of land, it is crucial to consider various factors that contribute to its value.
One important aspect is the impact it has on the surrounding properties, particularly your neighbour’s property value. By assessing the increase in value of your land and the potential reduction in your neighbour’s property value, you can arrive at a basic price that reflects the true price tag
For instance, if you have a strip of garden land that may not hold significant value to your neighbour, but adds substantial value to your home, it becomes a valuable asset. In this scenario, it would be reasonable to expect a higher price if your neighbour decides to sell their property, considering the added benefits your land brings.
Conversely, your perception of the value of a seemingly bare patch of land may not align with your neighbour’s if they have specific plans or potential uses for that section. The worth you have in mind for the land might not suit your neighbour’s intentions or expectations. Consider differing perspectives and negotiate what is mutually beneficial.
When evaluating the value of the land, several factors can contribute to its worth:
- Location: The land’s proximity to amenities such as schools, hospitals, shopping centres, and transportation links can significantly impact its value. Desirable locations tend to command higher prices due to their convenience and accessibility.
- Size and Shape: The size and shape of the land can affect its usability and potential for development. Larger parcels of land or those with unique configurations may offer more opportunities for various purposes, increasing their value.
- Zoning and Permits: The land’s zoning designation and the permits associated with it play a crucial role in determining its value. Different zones allow for different types of land use, such as residential, commercial, or agricultural. The permitted land use affects the potential market demand and, consequently, the price.
- Potential for Development: If the land has development potential, such as the ability to build residential or commercial structures, it can significantly increase its value. Factors like accessibility to utilities, infrastructure, and existing developments in the area play a role in assessing the land’s development prospects.
- Natural Features: Unique or desirable natural features on the land, such as waterfront access, scenic views, or mature trees, can enhance its value. These features contribute to the aesthetics and enjoyment of the property, making it more appealing to potential buyers.
- Environmental Factors: Any environmental considerations, such as contamination or protected habitats, can influence the land’s value. Environmental assessments and compliance with regulations may be necessary and can impact the overall worth of the property.
It is crucial to consider these factors comprehensively and evaluate the potential impact each has on your desired piece of land’s value. By taking these elements into account, you can determine a fair and realistic price that reflects the true worth of the land.
Changes in Property Boundaries
After negotiating a price, it is crucial to create a plan that identifies the land and allows the Land Registry to update records for both parties involved. If working with a surveyor, they will handle the details and preparation of the plan.
This step is essential, as it determines the new boundary and requires agreement with the neighbour on its location and maintenance responsibilities. A neighbour may introduce a restrictive covenant that limits alterations to the land. If both parties agree, a solicitor can represent both sides to minimise costs.
Signing the transfer of part and plan documents is necessary, followed by administrative tasks and registration with the HM Land Registry. The process typically takes a week or two to complete.