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A. You will need to obtain the consent of your Mortgage provider, as they will need to release their Charge from the small strip of land to be sold. Most Lenders would grant consent, but will probably charge an admin fee of approx. £200. Normally, your Solicitor would write to the Lender with a copy of the Plan showing the extent of land which needs to be released, and the Lender will then reply to your Solicitor.
B. No- you should certainly instruct your own Solicitor, so that your interests are fully protected. The Developer should agree to pay your legal fees in this matter and your own Solicitor will need to write to your Lender, as opposed to you relying on the Developer's Solicitor.
c. Any monies paid to you MAY be subject to Capital Gains tax, but you will need to take the advice of an Accountant in this regard.
I hope this assists you and sets out the legal position.
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