Giving myself some of my land...

Giving myself some of my land...

Author
Discussion

Sideways Tim

Original Poster:

953 posts

201 months

Tuesday 13th May
quotequote all
I own two houses next door to each other and want to give part of the garden of one property to the other one. Is this as simple as telling the land registry that the border of each property has now changed? I don't think any legal folks need to be involved as it's just me giving myself something I already own.

Has anyone experience of doing similar and what was the process?

ATG

22,113 posts

287 months

Tuesday 13th May
quotequote all
You're going to be changing the values of the two properties individually and when you eventually dispose of one or both of the properties, you'll need to be able to show how the values of the properties have changed since you bought them in order to determine if you or your estate needs to pay any tax. Given that the taxes due on a primary residence differ from those on other properties you own, you can't think of this transfer of some garden as just being shuffling a fence across two bits of land you already own with no additional consequences.

ATG

22,113 posts

287 months

Tuesday 13th May
quotequote all
Do you really need to formally transfer it? Why not just start using a bit of the other house's garden? When you come to dispose of one of the houses, you can either formally move the boundary at that point or return the chunk of the garden to the other house.

Sideways Tim

Original Poster:

953 posts

201 months

Tuesday 13th May
quotequote all
Oh I've already changed the physical borders, just want to get it all squared away incase we need/want to sell one or the other.
It will reduce the value of the house next door, but increase the value of our main dwelling.

ozzuk

1,313 posts

142 months

Tuesday 13th May
quotequote all
I think you can transfer land yourself using land registry if you own them. However, if a mortgage on them then you'll likely need permission from lender and a solicitor to do the transfer. I did it years ago, was about £600 in fees, I think the actual transfer fee was something like 25 quid. I bet both more expensive now!

CharlesElliott

2,187 posts

297 months

Tuesday 13th May
quotequote all
From a tax perspective, I believe it would be classed as a linked transaction.

So there is a potential CGT impact on the 'sale' of the land from your second property to your primary residence. From a stamp duty perspective, the transfer will be deemed to take place at market value.

I assume the value would be below the threshold for stamp duty.

RotorRambler

293 posts

5 months

Tuesday 13th May
quotequote all
Computer says:-

Even though you’re transferring land between two properties you own, the legal ownership of land is tied to the title of each property, not to you personally. That means the Land Registry treats each title independently—even if you’re the owner of both.

Here’s what you need to know and do:


1. You do need to formally transfer the land

Even though it’s between your own properties, you can’t just notify the Land Registry of a boundary change. You need to:
• Split the title of the property you’re taking land from (this creates a new parcel of land with its own title number).
• Then transfer that parcel to the property you’re giving the land to.

2. The process involves:

a) Prepare a plan
• You’ll need a scaled plan showing the exact area to be transferred. This must comply with Land Registry mapping standards.
• A surveyor can help, though you can sometimes do it yourself if you’re confident.

b) Submit an application to the Land Registry
• Form TP1: Used to transfer part of a registered title.
• Form AP1: Application to update the register.
• Land Registry fee: Based on the value of the land being transferred (could be nominal since you’re transferring it to yourself).
• If you’re transferring to yourself personally (e.g., “Joe Smith” owns both titles), then you list yourself as both transferor and transferee.

c) Stamp Duty Land Tax (SDLT)
• Usually not payable if no money is changing hands and it’s a personal transfer, but you may need to submit an SDLT return saying no tax is due.

3. Do you need a solicitor?

Technically, no—you can do this yourself. But in practice, many people use a conveyancer or solicitor, especially to:
• Draft the TP1 accurately.
• Prepare correct plans.
• Avoid errors that could delay registration.

If you’re confident and comfortable with Land Registry forms, you can DIY it—but mistakes can be costly or time-consuming to fix.

Sideways Tim

Original Poster:

953 posts

201 months

Tuesday 13th May
quotequote all
RotorRambler said:
Computer says:-

Interesting and useful stuff
Brilliant - thanks!

Sideways Tim

Original Poster:

953 posts

201 months

Tuesday 13th May
quotequote all
ozzuk said:
I think you can transfer land yourself using land registry if you own them. However, if a mortgage on them then you'll likely need permission from lender and a solicitor to do the transfer. I did it years ago, was about £600 in fees, I think the actual transfer fee was something like 25 quid. I bet both more expensive now!
No mortgages involved on either property - thanks thumbup

Sideways Tim

Original Poster:

953 posts

201 months

Tuesday 13th May
quotequote all
CharlesElliott said:
From a tax perspective, I believe it would be classed as a linked transaction.

So there is a potential CGT impact on the 'sale' of the land from your second property to your primary residence. From a stamp duty perspective, the transfer will be deemed to take place at market value.

I assume the value would be below the threshold for stamp duty.
I would hope so. It's only a farty bit of garden, maybe 5m x 30m. The tenants we have had in there in the past have never used the garden and therefore neglect it. We get far more use out of it as extra space in our garden. Just spoken to a local estate agent and they reckon under normal circumstances it's worth £10k tops.