Selling off part of garden

2tired2tango

Tiglet2 wrote: »

The uplift clause you mention will be fine for this particular neighbour, but if he sells in the future, this clause could be removed. If you speak to a legal bod, make sure the words "successors in title" are included in the clause!

Yes i was reading about that then was thinking he could buy it from us today then sell it to a friend tomorrow then the clause would be null n void.

franklee

What about the case where your mum wanted to sell the house, presumably you would want to ensure the benefit of the uplift clause remains with Mum or your family. The new buyers would just be buying a house with the smaller garden and wouldn't know any different albeit it may affect the sale price.

lookstraightahead

This is so so risky op.

I have made similar mistakes in the past (not with property) where I've trusted people to do the right thing and they don't.

2tired2tango

franklee wrote: »

What about the case where your mum wanted to sell the house, presumably you would want to ensure the benefit of the uplift clause remains with Mum or your family. The new buyers would just be buying a house with the smaller garden and wouldn't know any different albeit it may affect the sale price.

What i was intending to do was add a 50yr clause at 50% if she sells the house or if something was to happen to her the clause would stay in our family for the 50 yrs, if he ever sold the garden the clause would carry on to the new owners,

.Eventually i can see the land being built on but It probably wouldn't benefit my mom, me or my sister but may benefit her granddaughter which she thinks the world of so it may be a nice nest egg for her

Davesnave

lookstraightahead wrote: »

This is so so risky op.

I have made similar mistakes in the past (not with property) where I've trusted people to do the right thing and they don't.

So the OP shouldn't trust their solicitor who draws up the legal documentation?


Are you following this at all, or just pitching-in with a random comment?

moneyistooshorttomention

With the best will in the world - solicitors don't always get it right and, like computers, need to receive the correct information in the first place.

Davesnave

moneyistooshorttomention wrote: »

With the best will in the world - solicitors don't always get it right and, like computers, need to receive the correct information in the first place.

OP might be 2tired2tango, but they seem pretty quick on the uptake; more so than some of the folk on here anyway!

2tired2tango

moneyistooshorttomention wrote: »

With the best will in the world - solicitors don't always get it right and, like computers, need to receive the correct information in the first place.

Well if that happened and my instructions wasn't followed and we lost out due to it i guess i would be opening another thread on how do you take solicitors to court :eek:

Grezz24

what did you end up agreeing in price for this when you discussed that 2k was a laughable offer?

EachPenny

2tired2tango wrote: »

As far as i know we couldnnt do anything to the front of the building without consent but could do whatever we liked to the back of the property, trouble is the back backs right on to a public alleyway so there wasnt much we could do anyways,

Listing normally applies to the whole of the building plus the curtilage (the land surrounding it).

It is very unlikely that you'd be able to do whatever you liked with any part of the property if it is listed.

There is a potential issue for you and the prospective purchaser in that the curtilage of a listed building remains the curtilage of that building, even if the land is sold to someone else. This can be a complicated subject and something you might need specialist advice on. This is a useful basic guide though:-
https://content.historicengland.org.uk/images-books/publications/listed-buildings-and-curtilage-advice-note-10/heag125-listed-buildings-and-curtilage.pdf/

The effect of curtilage may mean (for example) that whilst your mum could legally sell part of the land to someone else, it may be necessary to obtain listed building consent to fence the land off. If the LBO feels that the size of the original garden is important and relevant to the setting of the building then it might be difficult (perhaps impossible) to get consent even for that fence. The planners couldn't stop someone else buying and using the land, but they can stop the appearance of the land being changed from being one big garden attached to the listed property.

To some extent this is not you or your mum's problem. If the buyer and their solicitor are not aware of the listing and the implications then they could end up buying the land at a prospective development value when there is in fact no realistic development potential.

However, if you are paying any of the costs or fees (legal, surveys etc) then beware if the buyer discovers the listing issue part-way through the process and backs out (as they will if they have a development project in mind). In those circumstances you could end up with a bill for legal costs etc, and nothing to show for it.