Along with the practicalities of obtaining planning permission, if you are considering selling off part of your land for development there are a number of things which you need to consider.
Existing Restrictions & Covenants
Very often titles to land will be subject to existing restrictions and covenants which may prevent the building of more than one property or require the consent of a third party before any development can take place. It is therefore important that you review your title to ensure no such restrictions or covenants are present which may hinder your future plans.
If you are in any doubt as to whether your land is subject to such provisions or you find that these are present our residential property department will be able to provide you with assistance.
Do You Have A Mortgage?
If you have a mortgage secured on the title to your land and you are not intending to redeem this in full you will need to obtain your lenders consent to the sale. In agreeing to discharge part of the land from their security your lender may impose certain conditions such as requiring part payment on your mortgage.
Obtaining consent can be a time consuming process and it is therefore recommended that you do this as early as possible to prevent future delays.
An essential part of selling off your land will be to have a plan which shows the full extent of the land being sold as well as the land that you are intending to retain.
Any plan you use must be Land Registry compliant otherwise you risk it being rejected upon registration which may result in unnecessary expense being incurred. For this reason we would recommend that you instruct a surveyor to draw up a plan on your behalf as they will be aware of all of the Land Registry's requirements.
New restrictions and covenants
You should also consider whether you wish to impose any new restrictions or covenants on a proposed purchaser of the land. These could include preventing their use of the land in a particular way or requiring your consent to carry out specified activities. Such covenants may also be of a positive nature such as to maintain the land or a boundary structure.
Our residential property department have expertise and experience in dealing with sales and purchases of parts of land and will be able to assist you through all parts of the process.
If this is something which you are considering and would like more information on how we can help please contact our professional and friendly team on 01603 620508 or email us