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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10490
Experience:  LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
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I have been asked if I will sell a 60cm strip of land that

Customer Question

I have been asked if I will sell a 60cm strip of land that includes my boundary fence, so that a new developer may widen an access 'drive'.
Could you tell me please; a) do I need to inform my mortgage company? b) is it OK for both parties to use the same solicitor and c) what is the law with regard to what happens to any monies paid to me? Thank You; Regards, ***** *****
Submitted: 1 year ago.
Category: UK Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Derek,

Thanks for your enquiry.

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.

Kind Regards


Expert:  Aston Lawyer replied 1 year ago.


Can I assist you any further?

Kind Regards