Selling a property with conditions

tl123

My father is selling his house and there is some interest from the next-door neighbour. Subdivision of my father's existing garden on its own is unlikely to obtain planning permission but there’s a possibility that there might be an opportunity to subdivide the end of both gardens as a separate plot if the neighbour bought it. Is there any way that my father could retain some control after sale of his property to benefit from a future subdivision if the neighbout decides to attempt this ?

Sarahpuggy

Do you mean...if after your dad sells the property as it is now, can he have any claim to the garden or any profit made from selling some to the neighbour? I doubt it...surely when he sells it, the new owners will own the garden!? Can he not try to sell off some of the garden to them before he sells it? But would it risk the value of the house?

Doozergirl

I seen plots of land sold with a proviso in the contract that the vendor receives 50% of the increase in the value of the land in the event that planning permission is obtained.

That's the sort of thing you're after, isn't it? I'd talk to a solicitor before you agree any sale.

tl123

Thanks for your help
The contract proviso sounds like a good idea but might be more complicated to construct with the above scenario than when dealing with a plot of land.

Another thought I had was some sort of covenant restricting future development of the garden unless a consideration was paid to other party..is this a possibility ?

I will be speaking to a solicitor but I always like to understand the options first !