Swapping part of land with neighbour

jblakes

Good morning,

Hopefully this is the right section. We have a courtyard out back that the neighbour has about 1.5x1m area and has access across our land. I've spoke to him and we have agreed to basically swap his bit of land for part of ours that is next to his house. All parties happy. My question is what's the cheapest way of doing this on the land registry. We don't need searches or anything like that as they were done when we moved in. Can we just send it to land registry ourselves? 

Regards James 

TELLIT01

Is there a mortgage on either property?  If so this will require the agreement of the mortgage provider

jblakes

There is definitely a mortgage on ours, wouldn't have thought they would have cared as both parties are getting something better to sell.

Anything else that's needed?

Regards James

Emmia

You're altering the title of two properties, and presumably also wanting to revoke the rights that you and your neighbour have to access the original bits of land (pre swap) at the same time... The bank will be interested/should be informed as it potentially affects the value of your property... and I'd get legal advice to make sure it's done correctly. 

Silver_Shark

I'd suggest you get professional help from a solicitor. A transfer can be made  by means of an affidavit to vary the title deeds.

Land_Registry

jblakes said:

Good morning,

Hopefully this is the right section. We have a courtyard out back that the neighbour has about 1.5x1m area and has access across our land. I've spoke to him and we have agreed to basically swap his bit of land for part of ours that is next to his house. All parties happy. My question is what's the cheapest way of doing this on the land registry. We don't need searches or anything like that as they were done when we moved in. Can we just send it to land registry ourselves? 

Regards James 

You can do an exchange if the properties are in England or Wales - see section 3 of our practice Guide 
https://www.gov.uk/government/publications/using-transfer-forms-for-less-straightforward-transactions
If there’s a mortgage involved then you will need their consent and they’ll need to discharge the part being transferred and you’d need to consider the rights (easements) you mention and as posted also 
I’m unsure why an affidavit would be needed unless you aren’t in England or Wales? 

TELLIT01

jblakes said:

There is definitely a mortgage on ours, wouldn't have thought they would have cared as both parties are getting something better to sell.

Anything else that's needed?

Regards James

Thinking the mortgage provider wouldn't care, and the mortgage provider not caring, are two very different things.  It could get very messy if one party wanted to sell and the mortgage provider of the other stopped the 'swapped' land going with it.

jblakes

@Land_Registry, thank you for your reply. I have finally caught up with the neighbour and they are more than happy with with land swap, it benifits both parties. They don't have a mortgage so only ours need contacting. 

The forms you give a link to, can these be done by anyone or is it best to leave it to a solicitor. The land in question is 1.5x1m so nothing major. Don't want to end up paying a fortune for something we could just do and cross the bridge when/if we move.

Regards James

Land_Registry

jblakes said:

@Land_Registry, thank you for your reply. I have finally caught up with the neighbour and they are more than happy with with land swap, it benifits both parties. They don't have a mortgage so only ours need contacting. 

The forms you give a link to, can these be done by anyone or is it best to leave it to a solicitor. The land in question is 1.5x1m so nothing major. Don't want to end up paying a fortune for something we could just do and cross the bridge when/if we move.

Regards James

Whilst you do not have to use a conveyancer we always recommend you do simply because they are familiar with the process, forms and legal nuances. 

Before you decide do see what your lender says as they may insist you do use a conveyancer so no choice anyway
Also check out the plan requirements for such transfers (of part) 
https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications