How do I give my neighbour part of my garden legally

How do I give my neighbour part of my garden legally

Author
Discussion

DippedHeadlights

Original Poster:

423 posts

219 months

Friday 13th March 2009
quotequote all
Not as daft as it sounds.

Bottom of my garden behind the shed is an area of land about 1m x 2m. It's no use to me but is the perfect place for my neighbour to put the tank for his oil heating. Previous owner of my house agreed that verbally many years ago and the tank has been no problem.

However, chatting over the fence last weekend, my neighbour is nervous I might one day ask him to move it off my land which would be a pain for him.

I'm nervous that if it was to leak the oil would be on my land so I could be responsible for cleaning it up, potential huge cost.

So, it makes sense for me to gift him the land so it, and any problems, becomes his.

How best to do that ? Should I just write to him to agree and both sign the letter or should I sell it to him for say £1, which sounds a better legal solution, and how do I tell land registry - or not bother as it's such a small area ?

As the Mrs said this morning "one of them pi55tinheads will know !"

DH

Jasandjules

71,097 posts

244 months

Friday 13th March 2009
quotequote all
Sell it to him for whatever sum you want, make the area clear on a copy of your deeds, then he can register it on his deeds as part of his garden.

It's a simple job for a conveyencer (I assume your neighbour would pay the fees).

fish

4,017 posts

297 months

Friday 13th March 2009
quotequote all
You can sell it to him for a nominal sum ie a £1 you then need to register it with the land registry. They will then provide a proper legal title to your neighbour for the land.

Everything now is pretty much registered and this is now how legal title is basically deduced.

It will complicate matters if you land is not registered as you will first need to register that. However if you purchased in the last 20years and certainly the last ten it should be registered.

I would suggest contacting the land registry to see if you can do the registration yourselves for a minimal fee rather than using solicetors. I believe you can but there is apparently alot more retape for money laundering purposes than there used to be.

Hope that helps.

Mattt

16,664 posts

233 months

Friday 13th March 2009
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We bought some garden from our neighbour, just went through solicitor - fees were a couple of hundred IIRC, although we paid a bit more than £1 laugh

s4avant

196 posts

211 months

Friday 13th March 2009
quotequote all
See your Solicitor,have a title plan prepared for the area of land involved,agree a price and then leave to your Solicitor to complete the transaction.

Simond001

4,519 posts

292 months

Friday 13th March 2009
quotequote all
If you are mortgaged you need to request a relaease of land fromt he mortgage company. This costs about £70 normally.

Would this not be covered by the 10yr uncontested rule?