Gift of land

Lancalot

Hi

I am not too sure which part of the forum I should put this, so if I am in the wrong place please let me know. I own a property and some land. I want to give some of the land to a relative without selling it to them. The reason being is that they live next door to me and own their property but they don't have much of a garden. By giving them the land they can extend their garden. Can anyone let me know how I go about this legally.

Many thanks

Lancalot

G_M

If you have a mortgage you will need your lender's permission, since the loss of land will reduce the value of your property. This will also involve the need for a solicitor to act for the lender.

You will need to complete a 'Transfer of Part' form for the Land Registry (see also Practice Guide 21), and provide a Plan showing what land is involved.

You could either create a new, seperate Land Title for the plot (so your relative owns two seperate Titles) or you could combine the plot into your relative's existing Title.

I suggest (assuming no mortage) you speak to the Land Registry who will advise on correct form, and how to compkete (but will not offer legal advice).

Lancalot

Hi G_M

Thanks for replying and the advice I don't have a mortgage so I can contact the Land Registry direct for a form.

Lancalot

Land_Registry

G_M has already provided the necessary advice and links to our online form TP1 and PG 21.
You may also want to take a look at the online explanatory notes for completing form TR1 (and the application form AP1) - forms TR1 and TP1 are essentially the same although form TP1 requires additional clarification of the part being transferred - just cross-refer the panel headings rather than numbering where appropriate.

Practice Guide 40 Supplement 2 will also assist with understanding the type and quality of plan which will need to be used with form TP1

As G_M rightly states Land Registry can help you with procedural guidance and completion of the relevant forms but we cannot provide legal advice. Contact our Customer Support Centre if the forms or guides need explaining further.

RAS

Lancalot wrote: »

Hi

I am not too sure which part of the forum I should put this, so if I am in the wrong place please let me know. I own a property and some land. I want to give some of the land to a relative without selling it to them. The reason being is that they live next door to me and own their property but they don't have much of a garden. By giving them the land they can extend their garden. Can anyone let me know how I go about this legally.

Many thanks

Lancalot

Is your land already garden?

If it is agricultural land or has some other designation, you need to talk to the Planning people you will need permission for change of use as well.