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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have exchanged land with my neighbour over 14 years ago.

Resolved Question:

I have exchanged land with my neighbour over 14 years ago. Now we are moving and neither us or our neighbour know what to do about making the exchange legal without costing a lot of money.
I hope you can help thank you .
Margaret
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
What land has been exchanged- just a part of the garden?
Do you or your neighbour have a Mortgage over your respective properties?
I look forward to hearing from you.
Kind Regards
AL
Customer: replied 2 years ago.

This was an old cottage that had a row of outside toilets at the bottom of next doors garden these toilets were enclosed by his garden wall and the wall that led onto a small parking area. we agreed that he could fill in the toilet area to add more to his garden and we would have the parking area. we have no mortgage I dont know about our neighbours.

Thank you

Margaret

Expert:  Aston Lawyer replied 2 years ago.
Hi Margaret,
Thanks for your reply.
The one and only thing you both must do is to get a Land Registry Transfer document drawn up, showing the dimensions of the land that has been exchanged, and for you both to sign it and then register it at the Land Registry.
The Land Registry will require a scale plan and you may need to instruct an Architect to prepare this.
If your neighbour has a Mortgage, his Mortgage Lender will also need to grant consent, although this is usually a formality.
Without doing this, you will jeopardise losing your Buyer, as his Solicitor will not wish to proceed until you have legal ownership over the whole of the land you are selling. Likewise, your neighbour will have the same problem as and when he sells, if matters are not rectified now.
I would therefore suggest that you speak to the Solicitor acting for you in the Sale, and ask that he gets the Transfer document drawn up. He is likely to charge approximately £400 plus VAT and he should also speak to him as regards ***** ***** of a suitable Plan. There will also be a Land Registry fee to pay of £40.
(Sadly, the procedure for registering a small piece of land is the same as if it was 10 acres, but the above does really need to be done).
I hope this assists you and answers your question.
Kind Regards
AL
our Seller
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