DIY Conveyancing for Small Parcel of Land

1morename

Hi, the farmer whose field borders my property has kindly agreed to give me a small portion of land (approximately a quarter of an acre) providing I pay all the legal costs involved. I don't think there's any need for LA searches and there are no restrictive covenants or easements. Bearing in mind that our combined legal costs could actually be more than the value of the land is DIY conveyancing a realistic proposition? I assume it mainly consists of notifying the land registry. Would I need to submit a plan for the new title and does that need to be done by a surveyor or would I be able to draw it for submission. Thanks in advance for any guidance received.

p00hsticks

Is a change of use involved ?

subjecttocontract

Farmland cannot be used as domestic garden without change of use.

1morename

I may apply for planning permission for change of use to a garden at a later date but I won't be doing anything other than planting trees at the current time.

lincroft1710

There have been several threads on this board where the conveyancing of a piece of land has gone awry and caused problems. I would suggest using a qualified solicitor who is well versed in agricultural land conveyancing

user1977

The fact the value is low doesn’t make the conveyancing any simpler. In many ways this will be more complex than buying an already-registered residential property.

1morename

Thanks for the comments. I think I will continue to research DIY Conveyancing options as the cost of slicitors fees is likely to be higher than the value of the plot otherwise. I appreciate there may be potential issues but I've not really much to lose financially.

Land_Registry

Have a read of our online guidance - Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK

There's no requirement to use a conveyancer although we always recommend that you do

If the land is worth less than £6K then the ID requirements fall away. And the transfer of ownership is done using form TP1. The application forms is an AP1 providing the land is already registered

Our PG 40 sup 2 offers guidance on the quality and type of plan needed to confirm the transferred land's extent

Preparing plans for HM Land Registry applications (PG40s2) - GOV.UK

HouseHuntingAmy

It is possible to do it yourself - people do transfer part of a registered title without a solicitor - but the hard bit is not the form, it is everything the form quietly assumes. A few things I would check before deciding. Is the farmer's land registered, and is it mortgaged? Farms very often have a loan secured on them, and the lender has to release your plot before it can be transferred, which is the step most likely to take months. If it is unregistered, it becomes a first registration, which is a lot more paperwork. Then the plan. The Land Registry wants a plan accurate enough to identify exactly what is moving, and a vague sketch is the usual reason applications get rejected. A surveyor drawing it for a modest fee is cheap next to a rejected application. Also think about what the farmer might want to keep: rights of way across the plot to reach the field, who maintains the new boundary, and whether he wants any restriction or payback if you later sell or build. Get those agreed in writing now. If your own house has a mortgage, your lender will probably want to know, as the extra land may need adding to their security. A middle route might be a fixed fee for a solicitor to review the title, the farmer's side and the draft transfer, while you handle the Land Registry application yourself. The Land Registry also has free practical guides on transfers of part, worth reading before you decide. I am not a solicitor, so treat this as a list of things to ask about.

Dustyevsky

https://forums.moneysavingexpert.com/discussion/comment/82153808#Comment_82153808

It can, but it takes 10 years without a challenge from the local authority to obtain a Certificate of Lawful Development,(CLEUD) bringing the former agricultural land officially within the domestic curtilage. The cost currently is £630 + professional advice and plans. I've such an application lodged with my LA at the moment. It is up to the applicant to supply evidence of an unbroken change of use over that period.

If the OP wants the additional garden to become legally part of their home's curtilage from the time of purchase, full planning would have to be applied for. There is no certainty of it being granted. I have a neighbour who bought a small neighbouring field in 2024, and he's been granted permission to put up a large 3 bay carport and parking/turn space on part of it. It was a professionally drafted application, and I was surprised it was successful, considering this person already has plenty of outbuildings, but every situation is judged on its merits. His domestic curtilage now includes that land, but the other 3/4 acre remains officially 'a field.'

If the OP wants the use of the land without the hassle of applying for formal planning, then 'agriculture' legitimately includes the planting of woodland, orchards and vegetable growing. This is the route many go down; the garden developing gradually over time, with no one concerned whether the acquired land is within the property's domestic curtilage, I wouldn't be too bothered myself, but there are planning advantages making the granting of a CLEUD worthwhile.