exchanging land with neighbour - what is the process?

aliby21

My neighbour and I have discussed an exchange of land - they would get more at the front which would be useful to them for driveway/parking, I would get more at the back for garden.  Can anyone give me an idea of the process?  I am ringing solicitors but finding one that is taking on new business, or even responding to calls, is proving tortuous.  Does it require valuation of respective bits of land?  Who should draw up the new boundaries? Neighbour is being very pushy and saying he will just get his solicitor to look on google maps and draw a couple of lines and send it to land registry.  I am not feeling comfortable with this.  Any advice appreciated. 

user1977

Do either of you have mortgages? If so then the lenders will need to be involved too.

canaldumidi

https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3

https://www.gov.uk/your-property-boundaries/boundary-agreement-neighbour

https://www.gov.uk/your-property-boundaries/apply-exact-boundary-determined

london21

I personally do not like been rushed.

Take your time and I would imagine valuation would be done of some sort. 

GDB2222

aliby21 said:

My neighbour and I have discussed an exchange of land - they would get more at the front which would be useful to them for driveway/parking, I would get more at the back for garden.  Can anyone give me an idea of the process?  I am ringing solicitors but finding one that is taking on new business, or even responding to calls, is proving tortuous.  Does it require valuation of respective bits of land?  Who should draw up the new boundaries? Neighbour is being very pushy and saying he will just get his solicitor to look on google maps and draw a couple of lines and send it to land registry.  I am not feeling comfortable with this.  Any advice appreciated. 

MIL did a land swap. Well, actually she did a land grab, and I sorted out the legal side years later, after she died.

I paid all the legal fees for both parties, which came to about £1500.  I also paid for a new title plan, which was £200. We were delighted to get away so cheaply.

You'll need permission from any lenders.

You can just do a straight swap, or you can get valuations. That's up to you. I'd guess that adding a parking space would add much more value than increasing the back garden size. So, maybe some £££ should change hands. Or, maybe the one who benefits most pays all the costs. 

eddddy

aliby21 said:

My neighbour and I have discussed an exchange of land - they would get more at the front which would be useful to them for driveway/parking, I would get more at the back for garden.  

It sounds like the neighbour might be getting a much better deal than you.

Additional parking will probably add a chunk of value to their property. Additional back garden probably won't add any value to your property.

Also, will the loss of frontage make your property look a little less 'impressive', reducing it's value a little?


You could ask a couple of estate agents if they'll give you their opinion on your property's value and saleability with and without the land swap. And ask them about the impact on value and saleability of the neighbour's property as well.

FWIW, 'traditional', long established, independent estate agents have been happy to give me opinions on that kind of stuff in the past (at no cost). 


(Is the neighbour being pushy in order to make you agree quickly, without taking advice?)

daveyjp

Decide the areas to be swapped.
Have accurate plans drawn up.  
Have a RICS valuation carried out which shows its a swap at zero consideration and not a sale.  This may be needed for stamp duty purposes.
Instruct solicitors to prepare contracts.

user1977

daveyjp said:

Have a RICS valuation carried out which shows its a swap at zero consideration and not a sale.  This may be needed for stamp duty purposes.

Assuming a straight swap, the consideration for stamp duty purposes is the value of the land you're giving them, it's not zero.

MalMonroe

aliby21 said:

My neighbour and I have discussed an exchange of land - they would get more at the front which would be useful to them for driveway/parking, I would get more at the back for garden.  Can anyone give me an idea of the process?  I am ringing solicitors but finding one that is taking on new business, or even responding to calls, is proving tortuous.  Does it require valuation of respective bits of land?  Who should draw up the new boundaries? Neighbour is being very pushy and saying he will just get his solicitor to look on google maps and draw a couple of lines and send it to land registry.  I am not feeling comfortable with this.  Any advice appreciated. 

I'm with those saying don't let yourself be rushed. Especially as you say that you are not feeling comfortable with it. 

Your neighbour already has a solicitor and you need one too. Even if he does get his solicitor to do as he says, it doesn't mean that any deal has been struck. 

This deal does need to be done properly, though because you also have to think of other people who may move into either property in the future. They will need clear cut information too.

I'd say just go with your gut and don't let yourself be rushed and pushed into anything you're not happy with. What IS his rush, anyway?

Woolsery

As a keen gardener I can understand that having more private rear garden could appear very attractive.

As someone who inherited a house which was worth considerably less because of a change made during my father's occupation, I can understand situations where a land swap might have long term consequences you'd not want.

At the very least you need someone professionally qualified to represent your interests and you shouldn't proceed without one.

aliby21

Thank you everyone. 
daveyjp - thanks for a very clear outline of what I should be looking to do in what order
eddddy - thanks, i will get in touch with an estate agent or two and see if they can offer any advice.  that is a great idea.
Thanks to all saying don't be rushed.  I am trying, but finding it hard to stand my ground.  I think he is the sort of person who wants something and wants it now, but I am also starting to think, from the comments here, that maybe he reckons if he just tells me I don't need to worry about it, his solicitor will sort it, I just have to sign on the dotted line, then he will get himself a better deal. I think you might have it spot on Eddddy.  
I do think the exchange would be a good idea, I actually suggested it in the hope this might give them the frontage they want so stop the niggling I am currently getting, and more garden would be a plus for me.  So there is the value of a peaceful life as well as the actual property value to consider.