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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10457
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We own an end of terrace property freehold. Between our terrace

Resolved Question:

We own an end of terrace property freehold. Between our terrace and the next terrace is a shared driveway. The driveway is owned jointly between ourselves and our neighbours.
In agreement with our neighbour I'd like to redraw a small part of the shared driveway so that we end up with a slightly larger back garden.
What needs to happen for this to be registered on both our title deeds and our neighbour's title deeds?
Many thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

So that I can answer you fully, could you just confirm;-

1. Your neighbour has agreed to transfer a small section of their land to you?

2. Do you or your neighbour have a Mortgage over your respective properties?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

Hi Al.


 


1. Yes our neighbour is agreeable to transfer a small section of the shared driveway to us (currently jointly owned by them and us).


 


2. To the best of my knowledge my neighbour doesn't have a mortgage. We do on our own property.


 


Thanks


Jamie

Expert:  Aston Lawyer replied 3 years ago.

Hi Jamie,

Thanks for your reply, and apologies for the delay.

1. You will need to prepare, normally via a Surveyor/architect, a Land Registry compliant Plan (one which is to scale, with a north pointer) showing the area of land to be transferred to you.
You or your neighbour's Solicitor will need to prepare a Land Registry Transfer document, transferring the land to you. This document, once signed by both parties, is then registered at the Land Registry.

2. As you have a Mortgage on your property, your Mortgage Lender will also need to grant consent to the Transfer, and your Mortgaged land will need to be amended to include the extra land to be transferred to you.

I'm afraid, therefore, what is a relatively simple exercise is going to be quite expensive. Your surveyor is likely to charge approx. £150-£200 to prepare a plan. Your Solicitor is likely to charge £500 plus VAT, plus Land Registry fee of £40 and your Mortgage Lender may charge an admin fee of approx. £200.
Not sure whether you have agreed to pay your neighbours Solicitors fees (likely to be approx. £300 plus VAT).

Unfortunately, there is no way around the above. If you just agree to the change without doing it correctly, via the Land Registry, you would be creating a larger headache for yourself as and when you come to sell your property.

I hope this assists and answers your question.

Kind Regards
AL
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