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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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A>Regarding a Sale of a small portion of Land. 1...

Customer Question

A>Regarding a Sale of a small portion of Land.
1... This sounds ridiculous.I would like to "sell" a piece of land to my next door neighbour....approx 1 square metre(!!!) conform with the layout of a pathway that has been laid out not in accordance with the boundary line on the title deeds.My Neighbour can have the land for between 1 peppercorn & £100.
2...I would like to add a legally binding proviso that a certain area of "land"owned by my neighbour...partially covered by this approx 1 metre area plus an additional 2 metres. ...henceforth & in perpetuity...cannot be used as a "Bin storage" area(by the current owner or any future owner of the property)
3. Given that the legal conveyance costs(professional Solicitors Fees) on such a small transaction are prohibitive(I think the costs could be £400-£600 each)I would like to draw up legally binding documents myself as follows...
(a)An Offer of Sale detailing the area of land on a scale plan @1:20 showing the Land hatched blue...The plan would detail the Vendor(myself...full title..Mr P. R. Liddell),the Seller(my Neighbour),our addresses,the date...details of how long the offer is open for(eg...30 days).The offer would contain the proviso that purchase of the land would be subject to the understanding that the area hatched blue& a wider area hatched orange should not be used by my neighbour or any future occupant of the property in the future for the storage of waste bins,recycling materials,compostable waste....This would be detailed on the 1:20 plan
(b)I would then like to receive a written acceptance from my neighbour & a written assurance that he has the funds available to pay,....& upon receipt of Funds I would post a Receipt.....I then would like both Parties (myself & my neighbour) to sign a Declaration..."Signed as an inviable Deed...a legally binding contract ... in law" with both signatures.
I'd then like to fix the various documents plus a copy of all into 2 files...those simple cardboard files for A4 sheets would suffice...& retain one for myself & give one to my neighbour...the 1:20 plan would be on A1 & folded in.
...If(IF) this documentation constituted a "Deed" in law(an involable/binding contract we would "have a deal"
Would that suffice as a binding Contract/agreement in law.????
If (IF) this could be achieved ...or a bargain assumption is that the "sale" would only be fully complete when registered with the land registry...& whilst I have access to my Deeds neighbour will undoubtedly have his Deeds held by his bank or Mortgage provider.Moreover,the mortgage provider would be loath to release the deeds to anyone other than a registered solicitor with indenmity insurance....
I'd simply like to do a deal & exchange "Contracts" & register the changes with the Land Registry when I sell on the assumption that my neighbour would do the same when he sells..Is this feasible???or do the Title Deeds of both parties have to go to the Land registry for modification at the same time.????
Whilst this whole question may seem rather petty.however, it is the case that in small congested communities with eccentric layouts ...rights of way "issues"...a history of "ad hoc" modifications to how things are relative to how things are supposed to be on the deeds...sometimes these matters assume an inflated importance especially when combined with matters appertaining to the loss of privacy...etc...
I assume this is a free not wish to "freeload".I have an additional question regarding a "rights of way" issue...but will enquire elsewhere if this is an imposition...The 2 issues(the "Bins area" matter & the "Rights of Way" matter) are combined & both would need to be settled in one fell swoop...
Thank you...P.R.Liddell(Mr)
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Hello. I'm afraid that deeds are not legally valid unless prepared by a solicitor. Accordingly, you cannot draw up a valid and binding Transfer Deed for this land. The costs do seem disproportionate, but I am afraid that the only way to achieve what you want is to use a solicitor. I am fairly confident you could get this done for less however - possibly as little as £250 plus VAT and Land Registry fees (£40). Regards, WB