Changing ownership of outbuildings

This forum is for Garden Law problems that don't fit into the other categories. Please treat it with respect.

Moderator: Angelisle

Changing ownership of outbuildings

Postby Oli » Tue Jul 25, 2017 3:09 pm

Hi,

I was wondering if anyone knows the process of changing the ownership of outbuildings or "rearranging them".

I live in a mid terrace and own some outbuildings with my neighbour but they are falling down, I want to rebuild them but make it so we each own two rooms of the buildings.

I've attached what im thinking to do, hopefully makes sense (I Live at No 100) the buildings are currently attached to No102's kitchen.

Also would planning be required to rebuild them?

thanks in advance
Oli
Attachments
outbuilding layout.png
outbuilding layout.png (13.53 KiB) Viewed 518 times
Oli
 
Posts: 3
Joined: Mon Jul 10, 2017 3:44 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Changing ownership of outbuildings

Postby pilman » Wed Jul 26, 2017 6:42 pm

If the two houses are registered with Land Registry there will be a title plan showing the extent of the property included in each title.

Looking at the sketch plan it would indicate that there will be a red line drawn on each title plan that shows the extent of the house and garden area and probably separate red lines around the various buildings that are owned by each property.

If you haven't get a copy of the title plan for each house, then it will be sensible to buy one of each from Land Registry's web-site at a cost of £3 for each title plan.

To transfer part of a registered title can be done quite easily as long as you are comfortable completing forms that can be downloaded from the LR web-site.

As long as the value of the property being transferred is less than £6,000 there is no need to provide evidence of identity to Land Registry so it is quite a quick process.

So 100 transfers Outside toilet and shed/garage to the owner of 102.
On the TP1 form 100 is the Transferor. 102 is the named transferee.

102 transfers Shed/garage and coal shed to 100.
On the TP1 form 102 is now the Transferor. 100 is now the named transferee.

Send the TP1 forms with a form AP1 (Application form) to Land Registry Citizens centre.
Fee due for low value land is £40 for each application.

Once Land Registry finish recording the details from each of the the TP1 forms there will be new registers of title and title plans issued showing the new owners of the various parcels of land shown on the second sketch plan. These may have different numbers form the register of the main properties but that is quite normal. Many properties have multiple title numbers because parcels of land have been added over the years since first registration of the main property happened.

The planning situation is likely to be that an application needs to be made to the local planning authority for the buildings to be rebuilt. I say that because the permitted development rights that go with each dwelling may not allow the type of changes that are being considered.

What is allowed within the curtilage of a dwelling house is listed in the Town and Country Planning (General Permitted Development) Order as amended in 2015 for England. In Wales it is different. The way those buildings are shown on plan 1 seems to show that what is the curtilage of each house may be difficult to identify, because all the buildings are behind No.102. Normally the curtilage is the small area surrounding a house. Where there are a group of buildings in separate ownership will make it difficult to claim that the buildings are within the curtilage of either 100 of 102.

That's why it is probable that a planning application will be needed.
pilman
 
Posts: 2834
Joined: Thu Mar 11, 2010 5:08 pm

Re: Changing ownership of outbuildings

Postby Oli » Thu Jul 27, 2017 11:15 am

Pilman, thank you for the detailed reply. that is really helpful :D
Oli
 
Posts: 3
Joined: Mon Jul 10, 2017 3:44 pm

Re: Changing ownership of outbuildings

Postby jdfi » Sat Aug 05, 2017 3:59 pm

Worth adding that if either property has a mortgage, the mortgage holders will need to consent also.

They are unlikely to refuse, particularly as your enhancements sound like they will add value to both properties.
jdfi
 
Posts: 443
Joined: Wed Jun 06, 2012 10:39 pm

Re: Changing ownership of outbuildings

Postby Oli » Mon Aug 14, 2017 11:27 am

Thanks jdfi.

Only my property has a Mortgage and like you say they should be fine with it.

Just waiting for agreement from Next door to proceed.

Oli
Oli
 
Posts: 3
Joined: Mon Jul 10, 2017 3:44 pm

Re: Changing ownership of outbuildings

Postby arborlad » Mon Aug 14, 2017 11:41 am

With such a complex mix of ownership, there's likely to be an equally complex mix of easements attached - rights of way, power, water, drainage, both foul and surface, will all need addressing.
arborlad

smile...it confuses people
arborlad
 
Posts: 7352
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire


Return to General Topics

Who is online

Users browsing this forum: No registered users and 7 guests