DIY Land Registry, being gifted part of neighbours garden

Job13

My neighbour said I can have the top part of their garden if I do all the legal work and it doesn’t cost them anything. It’s a section about 4m long by 1m wide and full of their rubbish. There’s no mortgage on their property. I know I have to complete an AP1 and a TP1 form but do I need to complete these for both title plans (theirs AND mine). I am currently filling it in with their title number and I will include a copy of the plan with the area to be transferred to my plan. So do I also have to alter my own title plan to show the gifted piece of garden and include this with one application? 

SDLT_Geek

Job13 said:

My neighbour said I can have the top part of their garden if I do all the legal work and it doesn’t cost them anything. It’s a section about 4m long by 1m wide and full of their rubbish. There’s no mortgage on their property. I know I have to complete an AP1 and a TP1 form but do I need to complete these for both title plans (theirs AND mine). I am currently filling it in with their title number and I will include a copy of the plan with the area to be transferred to my plan. So do I also have to alter my own title plan to show the gifted piece of garden and include this with one application? 

Yes, you need a TP1 and an AP1.  You will need a Land Registry compliant plan to attach to the TP1, the plan will need to signed as well.  There is guidance as to the plan here: https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications/guidance-for-preparing-plans-for-land-registry-applications

Job13

@SDLT_Geek Thanks but do I need to send two AP1s to also change my own title plan as well as neighbour’s who’s giving the land? Or do I also include my own title plan number on the AP1 and my updated plan showing my extra bit of garden?

theartfullodger

Just use your legal training.  Carefully.

SDLT_Geek

Job13 said:

@SDLT_Geek Thanks but do I need to send two AP1s to also change my own title plan as well as neighbour’s who’s giving the land? Or do I also include my own title plan number on the AP1 and my updated plan showing my extra bit of garden?

Just one AP1 (with your neighbours title number) and the one LR compliant plan showing what you are buying.

The land you are buying would usually be given its own title number by the Land Registry.

Job13

@SDLT_Geek thanks for that. I didn’t realise the bit of garden would be given its own number, I thought land registry would add it on to my title plan. Makes sense now!

Section62

As the neighbour is gifting the land, you might want to consider getting a solicitor involved in the transfer, especially if the neighbour is vunerable/elderly.

You don't want to put yourself in the position where you might be accused of pressuring or coercing them into giving you the land, which would be easier to do if you and the neighbour are the only people involved in the transfer arrangements.  Alternatively, perhaps engineer a situation where one of their family members is included in the discussion if you can.

Personally I'd do this even if the neighbour isn't vunerable/elderly as it is relatively uncommon that someone wants to gift an asset of value, and if it did turn nasty you'd potentially be on the back foot with a judge trying to explain that the neighbour really didn't want anything for their valuable piece of land.

RAS

The Land Registry will not amend your existing title to include the new bit of land.

It will have to register both the neighbours' remaining plot and the new bit of land, as separate titles. So you'd better make sure it's easy to identify the exact boundary between the two. 

Job13

@Section62
It’s actually a landlord who has said I can have it as the tenants who rent the property have filled it with rubbish and don’t even use the garden (other than for clearing acclimating rubbish). I offered to dispose of all of this and she agreed to give me the odd shape at the top of the garden. I think they realise if they ever wanted to sell it would probably benefit their property as I intend to build a new drystone wall to divide it and make their own garden more private. 

Section62

Job13 said:

 
It’s actually a landlord who has said I can have it as the tenants who rent the property have filled it with rubbish and don’t even use the garden (other than for clearing acclimating rubbish). I offered to dispose of all of this and she agreed to give me the odd shape at the top of the garden. I think they realise if they ever wanted to sell it would probably benefit their property as I intend to build a new drystone wall to divide it and make their own garden more private. 

In which case you've got the added complication that unless the tenancy specifically excludes this land, the tenants will have rights over it which won't necessarily be removed by transferring ownership to you.

You really need to check this with a solicitor.

daveyjp

And a plan showing  a plot 4m x just 1m will need very careful drafting.  Even on the preferred 1:500 scale base plan a pencil line could be wider than 1m.