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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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A FRIEND OF MIND OWNS SOME LAND SHE HAS AGREED TO SELL ME

Resolved Question:

A FRIEND OF MIND OWNS SOME LAND SHE HAS AGREED TO SELL ME SOME OF IT, WHAT I WOULD LIKE TO DO IS PUT 3 LOG CABINS ON IT FOR RESIDENTIAL PERMANANT USE FOR MYSELF,MY MUM,AND MY SISTER THE LAND HAS 6 KENNELS ON IT ALREADY THAT HAVE BEEN THERE FOR OVER 10 YEARS WOULD WE GET PERMISSION TO DO THIS she has a  interest only mortgage which is going to expire in 6 years time can she legally sell me some of the land

Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

Firstly, your friend would need to obtain consent from her Mortgage Lender, as they would need to release their Charge over the land which you are to buy.

Whether they would consent depends on whether the land to be sold would affect their security- ie if youe friend has a large Mortgage and the land to be sold vastly reduces the valuation of the land she is to retian, they are not likely to consent. Conversely, if the land she is to retain is valued at a lot more than what is outstanding uner her Mortggae, they are likely to consent.

Alternatively, the Lender may consent provided your friend pays to her Lender the money she receives from you, thereby reducing her Mortgage.

As regards ***** ***** you certainly would need planning permission as you will be changing the use of the land (formally called "change of use planning permission).

Subject to your friend getting the all clear from her Lender, I would suggest that you have an informal with the planning department to get their view on your plans, before you proceed.

I hope this helps and sets out the legal position.

If so, I would be grateful if you could rate my answer.

Kind Regards

Al

Aston Lawyer and 2 other Property Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.
Hi,

Can I assist you any further?

Kind Regards
Al