Transfer of ownership of a small piece of garden land to a neighbour

jonnydeppiwish!

Op,
just ignore any further letters and tell your neighbour to do one. You don’t need to sell or don’t seem to want to sell so don’t.

ThisIsWeird

Thanks, Nellie. Yes, your two posts have been very helpful.
I can see no basis whatsoever that you would be liable for any costs to date. Your neighbour has accumulated these costs - that of the surveyor and their solicitor - on their own behest only.  They did not have to do this. No one forced or obliged them to do so. They told their solicitor to carry out every reply to you, full knowing the cost of each! This, therefore, seems not only like a completely spurious threat, but an astonishing one. I'd go as far as to suggest it being quite unprofessional of that solicitor, as it seems design to intimidate you into a response in favour of their client.
I would also take their solicitor's assurances of the lack of use and value of this land with a keg of salt. Do not trust a single work that your neighb or solicitor tell you.
Gut reaction - tell them where to go. (And have no concern over their threatened action).
Calm reaction - if your really don't care about this land, and you'd find some cash useful to you, then I'd recommend engaging your own land surveyor in order to assess and value that strip. This should not cost too much, as it's not about ascertaining who owns the land, just what use it could be put to, and how this affects it's value - not only for the benefit of your neighb, but whether it'll reduce the value of your property. Don't assume anything - get professional advice. 
Let's face it - your neighbour wants this strip! So, why?!

Do you have Legal Protection included in your house insurance policy?

Oh, and is their solicitor a reputable and established one in your locality? 

Emmia

Ok, I definitely wouldn't sell in this situation, you're being bullied into doing what your neighbour wants, rather than what you want.

I'd tell them to do one.

amanda1024

Ditto ThisIsWeird - if you have legal protection in your home insurance I think I would be making use of that at this point

ProDave

If you do sell, sell it with a "no building" clause or covenant.

aliby21

OP I think you have done fantastically well to handle all this yourself so far.  The neighbours are bulling you, I would call their behaviour intimidating if not outright threatening.  If you want the land tell them to do one - from what you have said it is 100% clear the land is yours so it is a slam dunk case. If you would like the money, then stick to your guns with price, make them pay legal costs, including covering a solicitor acting in your interests.  you may want to put conditions on their use of the land for example. Definitely check your home insurance

MobileSaver

Nellie67 said:

I should also add that at no time have I said I want to sell the land. I have said I am happy to get another surveyor in to plot where the border should be but they seem hell bent now on buying it. 

Ignoring for the moment their attempt to intimidate you with legal gobbledygook, what do YOU want to achieve at the end of this?

1. Do you just want to keep the land and for them to leave you alone?
2. Or are you happy to sell for £5,000 in your pocket?
3. If not, are you happy to sell for £7,500 in your pocket?
4. If not, are you happy to sell for £10,000 or more in your pocket?

If you do sell, how much do you care what they do with the land?

As an aside, you have already had one surveyor confirm your boundary is correct so I would not tempt fate by encouraging a second opinion. (Especially as it seems the neighbour was upset not to know when the surveyor was visiting - hoping to sweet-talk the surveyor in his favour perhaps?)

propertyrental

The court threat is just hot air.

They employed a surveyor so that is their cost to bear.

No sale has been agreed and no contract exchanged, so each side's costs to date are for each to bear (yours appear minimal so far).

If you agreed to pay your own sale costs, at £5K, that would end up with you getting less than £4K!

But as they seem keener to buy than you are to sell, you should insist on £7,500 (persona;lly I'd stick at your original £10K) with them covering your legal and other fees.

No way you should agree to the 'escrow' idea. Cash paid on Completion of sale as per any normal sale.

If they don't like it, just stop responding and ignore them.

ProDave

As an aside, is this a neighbour that adjoins the side of your garden, i.e. a neighbour you are in close proximity to you?  Or a neighbour that backs onto your garden, possibly even from a different street, and them buying the land would make their garden longer and yours shorter.  This neighbour you probably don't have much day to day interaction with and would be easier to ignore if they get grumpy.

EssexHebridean

SDLT_Geek said:

Nellie67 said:

propertyrental said:

Nellie67 said:

propertyrental said:

Assuming you are happy with the sale price (are you....?) tell the neighbour/his solicitor you expect him to fully cover your costs ie your solicitor, survvey to draw up the new boundary and specify the two new Land registry Plans (ie your reduced garden Plan and the new Plan for the land being sold, plus all Land registry and other related costs.

No reason for you to bear any costs as it is the neighbour who wants this to happen....

Do you have a mortgage? If so your lender will have to approve the sale (and there might be a cost for them to consider the request which, again, your neighbour should cover).

ps - is this your neighbour......?

https://forums.moneysavingexpert.com/discussion/6511776/buying-land#latest

Thanks. No there is no mortgage on the property so no lender approval needed. I originally contested the price and asked for £7,500. But they are sticking with £5k (which to be fair is reasonable for the size of the bit of scrub at the end of my garden). 
This has been a long drawn out exchange of emails which started with getting a surveyor in to determine the boundary. They didn't like the surveyor outcome so found an excuse to contest it based on the fact that the surveyor hadn't complied with instructions. Since then they are wanting to offer money or take me to court for costs. 
I want it to end and really don't want to go to court. Nor do I want any costs. But I will accept the £5k. 

Take you to court for what? Have you signed a contract of any sort?

they are sticking with £5k (which to be fair is reasonable for the size of the bit of scrub

The value of the land is not based just on its size, nor on the fact that it's a bit ofn scrub. The value depends how much they want/need it!? What they will use it for? It also depends how deparate you are to sell and get some small cash amount?

If you want £7500, then stich at that and refuse to sell for less. If they aren't willing to pay that then clearly they aren't that bothered about owning it.

Likewise the surveyor and legal costs etc - insist they pay or you won't sell. And get your solicitor to draw up a contract clearly specifying they will pay £7500 plus all costs.

This has been a long protracted argument going back months. The guy contested that the bit of land at the bottom of my garden was his. To and Fro ensued between his solicitor and me. I did not get a solicitor because I don't need one. My deeds clearly state the length of my garden and he is arguing over that. So after a round table meeting we agreed to get surveyors in (at his cost) to once and for all agree where the border should be. And surprise surprise, the surveyor report fell in my favour. They then said that the surveyor report was null and void because they hadn't followed the procedures laid out by the solicitor. The only thing that he didn't do was tell them when he was coming to do the survey! 
So they then said we'll get another surveyor. I agreed and said go ahead, choose one yourself. I;m not bothered, the result will still be the same. At which point they changed tack and said they would like to buy the land for a reasonable amount. . 
I said if I was going to sell I'd ask for £10k, but lets get a surveyor in and finish what we started. 
They said £10k - outragious, I'll give you £5k and not a penny more. You've got 7 days and the offer is off the table and we'll take you to court for costs because you have delayed and caused considerable costs in solicitor fees. 
I said, I'm happy to accept £7,500 to close this matter or get a surveyor. Or take me to court - but for what? I've complied every step of the way. 
2 weeks it took them to respond. No mention of a surveyor. It's £5k. They'll cover their costs (so I don't know what my costs are). 7 day offer or court. But I don't understand what they can take me to court for? What have I actually done? And if they do take me to court (not sure what grounds) that will mean a solicitor and all those costs and stress and hassle that goes with that but in the end he'll still not be awarded the land! 
From what everyone is saying here you think I should stick to my guns. Is he seriously going to take this to court? 

The background is helpful.  You might well decide not to sell them the land.  If you do wish to sell, then I have a point on your first post where you say:

"The money shall be held by xxxxxx in escrow to be paid to you once registration has been completed."

That is a most unusual term for a land sale.  Usually the price is paid over to you on the transfer being dated (that is when beneficial ownership of the land passes).  I would not accept their terms about the money being held in escrow until the registration has completed:

(a)  It transfers to you the risk of there being a problem with their registration.

(b)  Registrations of transfers of part are taking a long time for the Land Registry to finalise (over a year I think).

(c)  The escrow arrangements would be needlessly complex, having to cover a range of "what ifs".

This matter has plenty of red flags.  You might do better to ignore them.

At work we’ve got a transfer of part been sitting at the LR for in excess of 2 years at the moment - it currently has no expected finalisation date. 

I would agree that there would be no reason for the money to be help until registration is completed - it’s a highly irregular way of doing things and is not something I would be agreeing to.