Advice on buying a small slither of my neighbours land

theartfullodger

No rules about price, just what both parties agree.  Could be 1p or £80k. 

Best keep relationships with neighbours good and friendly or you'll need to declare dispute at any sale.

TH_JCW123

theartfullodger said:

No rules about price, just what both parties agree.  Could be 1p or £80k. 

Best keep relationships with neighbours good and friendly or you'll need to declare dispute at any sale.

I’m not following this, so I’m looking for what the legal costs would be? 

Why would there be a dispute at sale? If all done legally I presume the land would fall under me on the land registry? 

theartfullodger

TH_JCW123 said:

theartfullodger said:

No rules about price, just what both parties agree.  Could be 1p or £80k. 

Best keep relationships with neighbours good and friendly or you'll need to declare dispute at any sale.

I’m not following this, so I’m looking for what the legal costs would be? 

Why would there be a dispute at sale? If all done legally I presume the land would fall under me on the land registry? 

If you end up with a dispute trying to buy the slither, then later need to sell your property you would need to declare that dispute re sale of your property.

Best wishes to all 

Section62

WIAWSNB said:

...

Does your driveway lead anywhere for a vehicle - a garage, for example? It seems strange to have such a narrow driveway intended to park on, with such limited door-opening space. 

Welcome to the world of new-build development.

You want space to open the car doors on your driveway/in your garage?  That will be extra ££££ thanks.

ciderboy2009

Bear in mind that if it is mortgaged as you allude to then they will need to get agreement from their mortgage company to sell.  You will probably need to pay their costs as well

user1977

Indeed, so neighbour is probably going to have:

• admin fee from the mortgage company for considering / revaluing with the sliver removed
• neighbour's solicitor's fee
• possibly a separate fee for the mortgage lender's solicitor

plus your own legal fee (and if you have a mortgage you might be obliged to add the sliver to their charge).

TH_JCW123

ciderboy2009 said:

Bear in mind that if it is mortgaged as you allude to then they will need to get agreement from their mortgage company to sell.  You will probably need to pay their costs as well

Agreed, any idea what those costs are likely to be? That's the bit I am unsure on..... I can agree a price with the neighbour thats between us, I can get quotes to have it tarmacked (no drainage issues), but I have no idea what the legal costs would be?

singhini

That slither of land looks like a soakaway IMHO, and if so, it will likely need to remain as one. You could cover it with something permeable such as pea shingle, but you probably wouldn’t be allowed to tarmac it.

Because this is a new-build property, you will most likely need the developer’s consent for any change, and they may charge a fee for granting it. The neighbour may also need to inform their mortgage lender.

In addition, the Land Registry titles for both properties might need to be updated (the Property Register and Proprietorship Register, often referred to as Title Register entries, including any covenants or rights of way). This could involve:

Paying the neighbour for the land

Obtaining the developer’s permission

Instructing solicitors to amend the title deeds and plans for both properties

Potentially adding restrictions to ensure it remains a soakaway

Recording any necessary rights of way, e.g., allowing the neighbour access across your drive for maintenance

Paying Land Registry fees for the title updates

Other considerations might be, If the land forms part of a driveway, there may be highway visibility or access requirements tied to planning or the original development. Removing or altering part of a driveway could, in rare cases, breach planning conditions (though i doubt this in your situation).

Usually small boundary adjustments don’t need planning permission, but changing the function of land (e.g., from driveway/soakaway to garden or parking) sometimes do.

Do remember driveways sometimes hide drainage pipes, electricity wires, broadband, water pipes (If any utilities run underneath, it may require an easement allowing them to remain, also for the neighbour retaining rights to access for maintenance, and perhaps getting the utility company’s permission)

Will it lower your neighbours house?

Will you need to pay stamp duty if the neighbour wants £££££ ?

I'm painting worse case scenario so alot of the above might not even come into it, but worth mentioning IMHO

ButterCheese

Let's look at this from another angle, which is what I'd do:

Ask the neighbour nicely if they'd let you put some pavers or something on the whole strip, or even just the few metres you need to walk beside the car and step in.  If they're not bothered about planting anything on the mud, then they might think this a good (free) option to look nice.

If they don't want anything that permanent, suggest another option (like setting plastic ground stabilisers in the mud, and laying something on that, like lightweight sandstone or tiles.

If they agree to either of the above, you don't have any hassle and it will be way cheaper.

The final option if they disagree is to reverse the car first before the kids get in.

What I'm saying is, ultimately you just want to not walk on the dirt.  Buying the strip of land is an expensive way of getting around the issue. 

Herzlos

I wouldn't go through with the hassle of buying it, I'd just offer to gravel it over in exchange for being able to walk on it. That solves your problem, gives them a lower maintenance patch and saves any legal costs.