The Process For Buying & Selling Land
Whether it's the purchase of metres of land or miles of land we are able to assist you through the legal process.
It may be that you are just purchasing a small area of land from your neighbour to build an extension or just to enlarge your garden. Maybe you are buying a building plot to build your own home or it may be that you are buying farmland.
- Christine Wise
- New Business Team Manager
- Maria Northrop
- Licenced Paralegal
- Leanne Scott
- Senior Conveyancing Executive
- Alison Wilson
- Senior Conveyancing Executive
Whatever the circumstances, we are here to help
We will investigate all aspects of the land purchase from services to rights of access and light to fencing and to restrictive covenants (which may prevent your intended use or future development of the land).
We are also able to advise in circumstances where the seller of the land is looking to impose a 'clawback' to entitle the seller to a share of the increased value of the land should planning permission be obtained for the future development of the land.
Some questions we regularly get asked to answer might help your understanding of this area of conveyancing:-
Q - My neighbour wants to purchase a small part of my garden land. What do I need to consider?
A - If you are prepared to sell and if you agree upon a sale price, then there are a number of additional factors to be considered:-
1.Your conveyancer will need a scale plan with measurements in metres for Land Registry purposes.
2.Who is to pay the legal costs of the sale, whether you, your buyer or each to pay their own costs?
3. What is your neighbour's intended use of the land and do you have any issues with those intentions? Should your neighbour be permitted to build upon the land and, if so, do you have any concerns about what or how big they may build?
4. Are there any points with regard to access, light or services which may need to be considered?
5. What provisions may be necessary as to fencing obligations and then the future maintenance and repair of the fencing?
Q2 - I own a field adjoining the public highway. What should I consider before putting it on the market for sale?
A2 - 1. You should first seek specialist advice as to whether the land has or may have development potential in the future as, if so, then this will reflect upon the value of the land. Clearly, the land is more valuable if it has or may have future development potential.
2. If the land does not currently have permission for development but you are concerned that it may gain permission for development in the future, then you could seek to impose restrictions on the land preventing it being developed without your consent or otherwise for you to impose a 'clawback' whereby you would become entitled to a percentage of the increased value of the land should it be granted permission for development in the future.
Of course, all these terms would have to be negotiated with your buyer.
Tilly, Bailey & Irvine are able to prepare the appropriate documentation to ensure that whatever terms have been agreed with your buyer are made binding against the land for your ongoing benefit and protection.