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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I have a large garden at the rear of my house with a quiet

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Hi, I have a large garden at the rear of my house with a quiet lane at the rear of the property. One of my family wishes to take half of the garden to build on. What is the most cost effective way to make this sale legal? and can it be done without a solicitor?
Hi

Thanks for your patience.

If you have a mortgage on your property then you will not be able to do this without a solicitor because your lender will insist that a solicitor acts to ensure that there charge remains registered against your property title following the transfer.

I would speak again to your lender and state that you propose to sell a portion of the land if they are willing to give their consent to the sale. Ask if in the first instance they require you, or your solicitor to write to them. They may be willing to consider the sale on the basis of plans that you provide them so that you can get provisional consent from them subject contract (ie. The Land Registry Transfer).

If they are not willing to discuss without hearing from a solicitor then you should instruct one.

The solicitor will draft the Land Registry Transfer of Part (Form TP1) and will then correspond with the family member or their solicitor. They will at the same time seek the express consent of your lender so that the transfer can be registered at the Land Registry post-completion.

The best way to make it cost effective is simply to get as many quotes from local conveyancing solicitors and go with the cheapest. I would suggest a template email sent to the relevant addresses that they give you following your initial correspondence with the lender.

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Kind regards,


Tom
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