A change of plans!


I live on a quiet country lane just on the outskirts of Preston and I have just been approached by my neighbour who has asked me to sell him a bit of my garden for £2,000.00. I’ve got quite a large garden so a little bit doesn’t much matter, but on the other hand I don’t really need £2,000.00 either.


Anyway, I tend to go with the flow and I agreed to sell him a small section of the garden for this price. However, I am now having second thoughts. Might there be any issues I ought to consider? Should I look at obtaining conveyancing legal advice near me? There is a Solicitors Firm in Preston who provides a residential conveyancing service who I am considering instructing. ..


Hmm…. I know what you mean. It’s always easier to say yes when in fact you should be saying no. and the problem is that once you’ve agreed on a certain course of actions, its gets increasingly difficult to pull out. I suspect deep down that’s really what you know you should be doing.

Once you have given away that little piece of land, you’ll never be able to get it back and the £2,000.00 won’t last forever! There is also the obvious matter of how much less of an attractive proposition your house is after the reduction in the size of your garden if you ever decide to sell the property.


If you do decide to proceed with the sale of the parcel of land, Parkinson ’s Law kicks in which says the smaller the job, the more difficult it is. You should always seek legal advice from a Conveyancing Solicitor. From a conveyancing point of view, there’s the same amount of legal work to be carried out whether you are selling the whole house or just the little plot. In fact, there is more work involved, because your conveyancing solicitor has to consider the additional complications of you continuing to occupy the adjacent land.


It will also have to be considered whether you are going to agree with what your neighbour is planning on doing with the piece of land once the sale completes? What if he builds on it? Do you need to retain rights of access over it to maintain it? Who is to be responsible for fencing it? What type of fence? Will it be a party fence? Are there any rights you need to preserve, such as rights of drainage, of light or pipes etc. running through? Your conveyancing solicitor will recommend that you have a surveyor come out to your garden to advise you on the all these points and no doubt others, because he can spot things on a site inspection that you and your conveyancing solicitor would miss.


By the time you’ve thought about all these matters, which started off looking quite simple, are beginning to look a bit more complicated- and more expensive. Don’t forget that in matters such as this, where you are selling to do someone a favour, it’s common for the other party to pay your fees. Before you decide to proceed with the purchase it would be recommended to get some quotes together and put it to your neighbour and should be paying these bills. Hopefully that’ll put him off. The better course of action however would be to be honest. Say you’ve considered matters further and decided not to proceed. And that’s it.


However if you do decide to proceed and do instruct the residential conveyancing solicitr in Preston. You will need to ensure that you have got an accurate diagram of the portion of land/property you are selling to your neighbour and then we would be able to begin the conveyancing process. We would need to know a small or larger piece of your garden and we would also need to know whether this land has a building on or whether your neighbour wishes to develop on the land have their own access and have their own access to regarding utilities and roads.


As part of the legal work, we would need to check whether you have a mortgage on the property, and whether they consent of your transfer. Your lender needs to be agreeing to the transfer as this could effectively reduce the total value of your property by selling part of it. As your mortgage lender has a first charge on your property and should you ever default on your monthly repayments to the extent that your lender moves to repossess the property.


AMS Solicitors in Preston provide a professional legal service and would be able to advice you on the pro and cons of selling this parcel of land. Our conveyancing firm would guide you through the conveyancing process. They offer a friendly and professional residential conveyancing service, taking the stress of buying or selling your property. We are residential conveyancing solicitors in Preston who offer quick Conveyancing quotes and competitive Conveyancing fees.

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