Redrawing garden boundaries when moving next door

Pigeon_on_fence

Hi all, I hope this is the right place to ask this question. 

I am currently in the process of selling my house and purchasing the property next door. To address a problem with the very odd shaped garden at the property I'm purchasing I plan to "take some of my garden with me".

This is an area approx 10m by 10m at the back of my current property, which I've been clear is not part of the sale to prospective buyers (and still leaves a nice sized garden). 

Practically, it is very simple. Erect a 6 foot fence across the garden where a low picket fence with gate currently stands, then remove the fences to the garden next door.

Legally and process wise I'm unsure how to proceed and looking for advise on how this could be done. Some info:

- I have a mortgage on the property I'm selling.
- The people that intend to buy it (with smaller garden) are cash buyers 
- the property I'm buying will be mortgaged, likely with a different lender. We're not porting it across. 
- I don't want to be at risk of the boundaries being redraw before or after completion in case it falls through or the purchaser refusing to cooperate after completion. 
- the land at the back of my garden has no seperate access, it is completely surrounded by other gardens, so I'm not sure whether I could split the legal title so that 10x10 area has a seperate title? 

I'm not sure if this has been done before or if it's possible, so any advice would be appreciated. 

Many thanks 

user1977

It's certainly possible, just makes both transactions a bit more fiddly.

theartfullodger

Do so after you;ve bought the new place but before selling the old one 9when you are owner of both). Though a solicitor, making sure new plans are lodged with land register.  Then sell the old one.

Pigeon_on_fence

Theartfullodger I'd love to do it that way, but unfortunately I need proceeds from the sale to purchase the onward property. 

I'm pleased to hear that user1977 👍. 

Grumpy_chap

Pigeon_on_fence said:

Hi all, I hope this is the right place to ask this question. 

I am currently in the process of selling my house and purchasing the property next door. To address a problem with the very odd shaped garden at the property I'm purchasing I plan to "take some of my garden with me".

This is an area approx 10m by 10m at the back of my current property, which I've been clear is not part of the sale to prospective buyers (and still leaves a nice sized garden). 

Practically, it is very simple. Erect a 6 foot fence across the garden where a low picket fence with gate currently stands, then remove the fences to the garden next door.

Legally and process wise I'm unsure how to proceed and looking for advise on how this could be done. Some info:

- I have a mortgage on the property I'm selling.
- The people that intend to buy it (with smaller garden) are cash buyers 
- the property I'm buying will be mortgaged, likely with a different lender. We're not porting it across. 
- I don't want to be at risk of the boundaries being redraw before or after completion in case it falls through or the purchaser refusing to cooperate after completion. 
- the land at the back of my garden has no seperate access, it is completely surrounded by other gardens, so I'm not sure whether I could split the legal title so that 10x10 area has a seperate title? 

I'm not sure if this has been done before or if it's possible, so any advice would be appreciated. 

Many thanks 

Yes, it is possible to do.

The simplest way is as Artful has suggested.

If you cannot do that, then will your current mortgage accept the area being separately demised while the mortgage has not been redeemed?
I doubt that the new owner, or their mortgage company, will accept the title boundaries being changed after the sale has completed.  I doubt they will complete if the boundary change is in process.

Land Registry are very slow at the moment - we had a leas extension and they took the best part of 2 years to full process.  I think things have improved, but it is not just a few months.

Will the vendor of next door and the purchaser of your property accept the delay?

If not, take the property off the market, process the title split at land registry, remarket your property (less the split part), buy next door next time it becomes available.

silvercar

Pigeon_on_fence said:

Theartfullodger I'd love to do it that way, but unfortunately I need proceeds from the sale to purchase the onward property. 

I'm pleased to hear that user1977 👍. 

A bridging loan would give you the money you need until the sale completes.

loubel

When you sell your property you can do this as a transfer of part, so that they aren't buying the part of the garden that you want to keep. You will own two titles on completion of your purchase, the new house and your old garden. There will be slightly higher legal costs involved due to the transfer of part.

Pigeon_on_fence

Thanks loubel.

Do you know if any issues would arise with the Land Registry approving a seperate title being given to a small patch of land surrounded by gardens with no access? 

loubel

This is not the Land Registry's concern. But your and your buyer's solicitors would need to ensure that suitable rights and reservations are included in the transfer deed.

Land_Registry

Pigeon_on_fence said:

Thanks loubel.

Do you know if any issues would arise with the Land Registry approving a seperate title being given to a small patch of land surrounded by gardens with no access? 

None - transfer of part re existing title and the purchaser gets a new title for the property and bulk of land.
You keep the parcel of land and at same time buy next door. 
If it's all done at the same time then how long things may then wait at HMLR matters little as both sales/purchases have completed
When the applications are submitted a request to included (amalgamate) the land with the next door title can be made and the registered extent can be amended to include that extra land. The new mortgage would then be secured against the new title owned by you.
If your new lender says No they won't lend in such a scenario then the alternative is to make an application to split your existing title into two. That application can be expedited to keep the wait time as short as possible (2 weeks or less if all in order). Then your buyer and you can both complete on each purchase as appropriate.
First step is to consider how you are funding your own purchase and what mortgage product you are taking. If that's to cover the next door + your bit of land, ask the lender to confirm what they need to say Yes.

Pigeon_on_fence

Thank you Land Registry. That is very very helpful.