Transfer of a shared strip of land

stusimpson

My neighbours deeds and my deeds show a strip of land which years ago was shared between the houses, though technically its part of their land and I have access rights. We mutually want to make it mine as a fence was erected 15 years ago to divide the land, and we are both happy with each bit. Is there an easy way to do this without paying 900 pounds for a solicitor to do it? Is there a way of claiming it as its had a fence up for 15 years? Any advice/pointers gratefully received . Stu

davidmcn

Does either of you have a mortgage? If so then DIY conveyancing isn't an option.

moneyistooshorttomention

"Technically" it's part of their land - I'm interpreting as it IS their land.

First thing - to agree with them how much you will pay them to buy their land off them.

unforeseen

You can't 'claim' it under AP as you have a right specified in your deeds to use it.

stusimpson

We have agreed a few thousand, yes its on their deeds with me having joint access. I have a mortgage but they dont have one. So from what you are saying it requires a solicitor?

Could we just leave it but legally sign a contract so if anyone buys either house its proven that its sold?

Cheers Stu

Davesnave

stusimpson wrote: »

Could we just leave it but legally sign a contract so if anyone buys either house its proven that its sold?

Cheers Stu

davidmcn wrote: »

Does either of you have a mortgage? If so then DIY conveyancing isn't an option.

Your mortgage lender has an interest in your house, so they will want the transaction to be done through and registered at the Land Registry by a solicitor, as already stated by david in the quote above.

This will also ensure that if you sell at a future date, there is no problem with the paperwork, which could hold things up and cost much more money than a transfer now.

G_M

Not so.

This bit of land belongs to the neighbour who has no mortgage, so there is no requirement on his side for a solicitor.

Adding it to your land would need the consent of your mortgage lender, but there is no need to do this. You could own it under a separate Land Registry Title.

The issue then is not related to mortage lenders, but to the fact that it is part of an existing Title. Where an entire Title is transferred between owners, form TR1 is used (Transfer of Whole), and this is straightforward for DIY conveyancing.

But in this case, a section of the neighbour's existing Title is being separated & sold, so form TP1 is used (Transfer of Part). This requires the neighbour's Title Plan to be re-drawn (omitting the sold section), as well as either your existing Title Plan (if added to that) being expanded, or a new Title (with new Plan) being created.

So I'd still advise you need a solicitor, and possibly a surveyor to draw the Plans.

You might be able to persuade a solicitor to act for both sides, though solicitors don't like doing this because of the conflict of interest.

Or you could research more and try DIY. See

https://www.gov.uk/government/publications/registered-titles-part-transfer-tp1

Davesnave

As usual, GM has a more comprehensive answer!

davidmcn

G_M wrote: »

Adding it to your land would need the consent of your mortgage lender, but there is no need to do this.

...except it's a fairly typical mortgage condition that you do notify them when you're acquiring an adjoining plot, and give them an additional security if they ask. (to avoid the risk that you e.g. build an extension over the extra area, and they end up only being able to repossess half of your kitchen)

stusimpson

Thanks folks this is great information.

Sty

stusimpson

Ok another dumb question, the strip of land measures 11' by 22', on the other houses deeds, but both our deeds say we are jointly responsible for it, and are able to utilise it but not build on it. Can we not make use of a determined boundary, by drawing a simple amendment to the title plan and filling out a relevant form. Im confused as the only solicitor i spoke to (briefly) says if all I want is protection from some future purchaser of my neighbours house, just change the boundary. He mentioned a determined boundary. Is this an option ?

Cheers Stu