Selling off part of garden

A_Nice_Englishman

Another idea - Mum lets the neighbour's kids play on that part of her garden in return for him maintaining it.

Someone better qualified than me may be able to comment on 'adverse possession' if you did this.

2tired2tango

We did actually put out that idea but he wasnt interested in that, only to buy

essjae

If she isn't interested in looking after the garden herself, and the neighbor genuinely only wants it as a play area, why not just fence the area off and give him permission to use it?

That way, she retains control over it, and could rescind permission anytime if it doesn't work out.

No fees to pay, both sides gain something they want, and if it does work out then they could formalize the agreement and rent/sell the land to him at a later date.

A_Nice_Englishman

2tired2tango wrote: »

We did actually put out that idea but he wasnt interested in that, only to buy

That rather suggests to me that he has plans for the land beyond a children's' play area.

I'd put it to him that you might agree to sell, at the right price, if the legal agreement included a caveat that the land remained in use as a garden.

essjae

2tired2tango wrote: »

We did actually put out that idea but he wasnt interested in that, only to buy

Ah right, yes that would suggest to me too that a play area is not his end goal.

2tired2tango

hmmm more to think about ,

Tiglet2

Years ago (2001 ish), we sold a small piece of land to our neighbour (approx. 40' x 15') for £3000. He paid our legal costs too, we didn't appoint a solicitor. At the time, we were happy with the deal. We didn't know he was planning to sell his plot as development potential and a developer was very interested, except that they want to put 4 properties on the plot instead of 3. The piece of land we sold enabled them to build the 4 properties and in the coming years that's what they did. My plot of land was totally landlocked too, but once the neighbours house had been knocked down, it gave access to the entire plot with an "access" road in the middle.

Be very wary, it's a difficult decision when the garden becomes too much and this seems like the ideal solution, but how would your mother feel if there is a new property built at the end of her garden? How about employing a gardener to look after the entire garden instead?

eddddy

2tired2tango wrote: »

no there is no road access at all and we have been told that building permission would never be granted on the garden

Who told you that?

Because you said that the church previously got consent to build in part of the neighbour's garden:

2tired2tango wrote: »

50-60 years ago the lady who owned the house sold off the very bottom of the garden to the church and they built on it leaving the house landlocked,

2tired2tango wrote: »

the only access is about 150 yards up an alleywayso you couldnt get any machinery there,

That won't necessarily stop a builder or developer. They will just pay neighbours to let them take machinery through their gardens.

2tired2tango wrote: »

£ 2000 with all legal fee's paid so she will not pay anything and she doesnt want the hassle of the garden anymore its just looking like a right mess with everything overgrown

But if your mum sells the garden, will it mean that she eventually has to sell her house for less money?

Accepting £2,000 now, but reducing the value of the house by, say, £10,000 wouldn't be a good deal.


You really need to take professional advice on this.

2tired2tango

Who told you that?

Because you said that the church previously got consent to build in part of the neighbour's garden:

when she sold it was the part of the garden next to the road, so planning permission was easy

That won't necessarily stop a builder or developer. They will just pay neighbours to let them take machinery through their gardens.

when i say land locked i really mean it there is just no way any machinery could get to the house, council flays to one side, bungalows at the back with the layout of the surrounding properties you would need a very large crane to lift anything over buildings ,

Ive just made it clear to her that if she does decide to sell it to him that a clause would be put in the agreement that he would never be able to build on it.
If he suddenly loses interest then we know why

Nobbie1967

2tired2tango wrote: »

We did actually put out that idea but he wasnt interested in that, only to buy

Maybe he has plans to put a 'temporary structure' on there. Friends of mine just had a firm in to build one and they only have footpath access to back garden. Lots of prefab panels screwed together on site to create a home office. Would your mum want to be facing the back of that?

The obvious solution for his stated needs is a rental agreement with you for the land. I have this with my local council for some land they own adjacent to my garden. £10/year, renewable annually to avoid any future issues with adverse possession or dispute.