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How to separate land from a house to build on.

Apologies if this is in the wrong section.

My parents have a rental property which has some land to one side. This would potentially be big enough to build a two bed property with a small garden to the rear and parking for one car.

I've toyed with the idea for a while and parents will be gifting me the land however I’m unsure how I would go about detaching it from the property so that it has no connection to the original property once the house is built etc. Also the original house has a mortgage so would the lender also be interested in this? (i.e. would we have to let them know?)

Any advise about where to start with this would be really appreciated.

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 2 May 2013 at 12:01PM
    Mortgage lender will have to agree as it reduces the value of the property on which the loan is based.

    Pleanning Permission needed.

    And of course the current tenant cannot suddenly be denied use of part of their home/garden so the tenancy would have to be ended or an amendment agreed.

    The actual transfer at the Land Registry is the easy part!
    If you are only selling part of a property/land, (called a 'Transfer of Part') rather then a share in the property/land, for example, you are selling part of your garden to a neighbour, or visa versa, you will need to complete and send us a form TP1.
    For all types of transfer you will need to send us a completed form AP1 and, if a solicitor or conveyancer is not acting for you, a completed ID1 and/or ID2. For more details see When and why do I need to produce evidence of identity?
  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    It is reduced secutiry, so the mortgage company will need to consent. The property they are lending on will be worth less as a result of losing some of the land.

    Planning permission is also likely to be tricky.
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • Mallotum_X
    Mallotum_X Posts: 2,591 Forumite
    Part of the Furniture Combo Breaker
    Simple enough to split, but talk through with mortgage co first as to whether there is an issue.

    I bought land from a neighbour (who had no mortgage) and the total legal fees for a solicitor to do the work was under £300.

    It would be worth speaking to the local council with regard to their policies as to whether you would get permission.

    You can always split the land off and not actually put up a fence so as to not cause any issues with current tenants. Then at the next change of tenant put the fence up. They may not be interested in the extra space anyway.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Aft4b wrote: »
    Apologies if this is in the wrong section.

    My parents have a rental property which has some land to one side. This would potentially be big enough to build a two bed property with a small garden to the rear and parking for one car.

    These days, assuming PP would otherwise be forthcoming, the council will likely require that you have enough space to turn a car, not just park it. ;)
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