Law0 min ago
buying land from our neighbour
What is the first move we need to make to buy a piece of land 3'3 x 30' and reposition the boundary to the side of our property. We have, unfortunately ,already built a shed and laid patio slabs on our part which encroached onto their land becausce the boudary was unclear. Could you please also give me some idea of what all this may cost.
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The practicalities may be possible to DIY but I would strongly suggest using a legal advisor as they may well come up with and deal with issues you haven't considered or know how to deal with.
Firstly agree the basic terms, how much, where the boundary will lie etc...
Do you know if both properties are registered, if not then there are more considerations as, if not, your land would need to be registered on the transfer.
Other issues which may want to be considered are:
Is there a mortgage secured over the neighbour's property, including the strip. If so then the lender would need to check it's transfer will not adversely affect it's security, consent and provide discharge documentation to take the charge off that particular piece of land. Without this the Land Registry will not be able to register the transfer.
Are there any rights, granted or reserved or restrictions over the land as per the title deeds as these should be taken into consideration.
Also consider statutory undertakers for sewers, cables, telephone poles etc... and any rights they may have, whether in the deeds or not.
Regardless of any which may exist, are there any other rights which should (or will be asked to be) registered on the land such as rights of access, drainage etc...
Does anything overhang the boundary from either side which may cause an issue?
Hope that has given you some things to think about.
Firstly agree the basic terms, how much, where the boundary will lie etc...
Do you know if both properties are registered, if not then there are more considerations as, if not, your land would need to be registered on the transfer.
Other issues which may want to be considered are:
Is there a mortgage secured over the neighbour's property, including the strip. If so then the lender would need to check it's transfer will not adversely affect it's security, consent and provide discharge documentation to take the charge off that particular piece of land. Without this the Land Registry will not be able to register the transfer.
Are there any rights, granted or reserved or restrictions over the land as per the title deeds as these should be taken into consideration.
Also consider statutory undertakers for sewers, cables, telephone poles etc... and any rights they may have, whether in the deeds or not.
Regardless of any which may exist, are there any other rights which should (or will be asked to be) registered on the land such as rights of access, drainage etc...
Does anything overhang the boundary from either side which may cause an issue?
Hope that has given you some things to think about.
-- answer removed --
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