Buying Land From a Neighbour

Hi Mark

When I purchased land adjacent to my home I thought about doing my own conveyancing. However, given that both I and my neighbour had mortgages I felt it was too complicated and necessary (vital) to get it right so I decided to use a solicitor.
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If you have a mortgage, I suggest writing to the lender and ask what documentary requirements they would have in this situation. All you will be doing is adding 15m2 to the land area of the title, and the mortgage is on the title, so presumably all they'd want to see is a map of the new site area.

You should be able to do the conveyancing yourself. Look up the Land Registry helpline number for your region, and ask their advice - they will talk you through it. All you have to is identify your title number (usually a BK number), fill out the relevant form for small changes, and send them this form and a map showing the new land area covered by the title. There should be an existing map with your title deed, otherwise you may have to pay the Land Registry for a copy (I assume in all this that your land and your neighbour's are registered). The Land Registry charges are not large. You typically modify your original map by drawing a red line to mark the new area, and give dimensions: 10 metres x 1.5 metres, or whatever. You really don't need professional plans from a land surveyor: just work from the existing map, make sure the changes are clear and the correct sizes, and make sure you include an arrow showing North. It can all be done by hand, and if the Land Registry don't like it, they will just send it back and ask you to try again.

The Land Registry will then update your records and send you a new copy, which should be copied to your lender.

Ideally your neighbour should amend their title at the same time, so all records match and are up to date.

Speak to your Land Registry office in the first instance and they will advise you exactly what is required from their point of view, then you can decide whether the solicitor quotes are fair or not.

' I only intend to use it as an extension of my exsisting garden and not as any sort of building plot and am happy to write this into the title deed amendments.'
Unless the neighbours insist on this as part of the deal I wouldn't even mention it. It sounds great in principal but if you decide to sell later on it may put people off, not because they want to build but because people don't like been told what they can and can't do with their property.

I agree with Sally T: there's no need to put any text in your deeds. 15m2 is a tiny plot of land so there shouldn't be any question of being able to build on it - unless of course the issue has been raised by your seller: if, for example, that extra 15m2 widens your plot and makes it feasible that you could squeeze in a new house between your house and your neighbour's.

Thanks for the advise everyone. I will get in touch with the land registry next week. Am I right in saying I need to get permission from my neighbours mortgage company to release the land? I wanted to write the letter out for my neighbour so all he has to sign it and send off? Does anyone know what information I need to include in the letter?

Thanks again

If they have a mortgage, I'd get them to write to the lender before you spend any money, selling off some land will technically devalue their property, they may want some money paying off balance to compensate which your neighbours may not be willing to do.