Selling off part of garden

2tired2tango

EachPenny wrote: »

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.

I have no idea about that all i know its a grade 11 listed building, id better let the solicitor know although the deeds are with them so they should know about it.
As the entrance is in an alleyway he was hoping to cut out a bit of hedgerow and put in an access point (gate) so he may even need permission for that as well as put fencing up to separate the 2 plots