If there is a mortgage over the land you wish to buy from your neighbour, the lender will need to consent to the sale and agree to remove their interest in the land. If they don't, the land could be repossessed by the lender if your neighbour defaults on their mortgage repayments.
However, the first step is establish exactly what area of land your neighbour wants to sell. You will need them to confirm they own the land and if there are any charges on the land, such as a mortgage. If there is, then the process will take longer, as the mortgagee will need to approve the sale.
You will need a land registry document known as a Transfer of Part of Registered Title (TP1) in order to make the sale official. A Transfer of Part allows you to separate part of your land from your title in order to sell it to someone else.
If you have a mortgage on your house, you must obtain consent from your lender before selling part of your garden. Without their permission, you won't be able to sell. Mortgage lenders may object to your proposal if they believe the sale will decrease the value of your property or increase the risk of their loan.
You can prune or remove vegetation that grows onto your side of the boundary from a neighbour's garden. For example, a hedge or a tree. Before trimming a tree, you should check if it's protected by a tree preservation order (TPO). You'll need to apply for permission to do work on a tree with a TPO.
This legislation grants individuals the right to respect for their private and family life, home and correspondence, which includes your garden as part of your personal property.
Can I complain about my Neighbours overgrown garden?
Your rights. Your rights when it comes to neighbours' gardens are governed by a number of laws. An unkempt or slightly overgrown garden isn't enough to enable you to take action unless it's contravening the law.
Whilst any profit from the sale of your garden may be subject to capital gains tax you may be able to claim private residence relief ('PRR'). If a successful claim is made you will not pay capital gains tax on any profit realised on sale.
The size of the “garden premium” varies wildly across the capital, but a straw poll of agents suggests outdoor space could add up £90,000 to your home's value in London. “With flats the premium is around £30,000 to £50,000 for a one- or two-bedroom garden flat,” says Manderson.
Many local councils demand that anyone, regardless of how cute they look in pigtails, has a Street Trader's Licence if you're operating on public land. However, if you're operating on private land, then as long as you have the landowner's permission, you do not necessarily need an STL.
The valuation of garden land takes into account a variety of factors such as location, size, zoning, topography and development potential. There are different methods for valuing land: Sales comparison method - This compares the property to recent sales of similar properties in the area.
The Allotments Act 1922 has a general prohibition on any "trade or business" being conducted on an allotment. But allotments are allowed to have an allotment shop, which councils tend to regard as fund-raising rather than a business.
The rule stipulates that if a boundary, such as a garden fencing, has been in a particular position for a continuous 7-year period and has not been contested during that time, it is generally considered the legal boundary of the properties involved.
If a neighbours CCTV records onto your property the position is regulated under GDPR (General Data Protection Regulation) and The DPA (Data Protection Act). There may also be a harassment or nuisance claim depending on the extent of the filming and the circumstances of the case.
If you are taking photographs from private land, you need to have the land owner's permission. Taking a photo of a person where they can expect privacy, such as inside their home or garden, is likely to cause a breach of privacy laws.
A nicely presented garden alone can be seen to add 20% to your house value and past research has shown that approximately 70% of home buyers would pay more for a property with an outdoor green space.
As well as selling organic fruit and veg, homegrown flowers are another way to make money through your garden. Arrange them in bouquets and sell them locally to run a small business right from your back garden.
Landscaping is a complex process of designing the outlines of different corners, shaping paths, sowing greenery of different heights, placing focal points, delineation of water areas, places for relaxation, etc. In short, it is expensive because the work is a lot.
You may be able to do this by way of an informal boundary agreement. In the majority of cases, however, the process of buying a piece of garden land from a neighbour is no different from purchasing other types of property. It is simply conveyancing – the legal transfer of property from one owner to another.
Even plants growing wild are the legal property of somebody as they have been cultivated and under the Theft Act, 1968, it is an offence to uproot plants for commercial purposes without seeking authorisation.
When it comes time to list your property, having a well-maintained garden can be an effective way to increase the value of your home and make it more attractive to potential buyers. Taking the time to attend to a garden before selling your home will give you the best chance of getting the best price.
Can my Neighbour access my garden without permission?
Entering your neighbour's property without their permission is trespassing, and so you must obtain their consent before trying to gain access. The most sensible first step in this situation is therefore to speak to your neighbour and try to obtain their consent.
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don't like the way it looks, it's up to you whether you do the work.
This is established under common law principles, and it's considered a reasonable exercise of your neighbour's right to enjoy and maintain their property. However, it's illegal for a neighbour to come on to your property without permission and cut your hedge. This is classed as trespassing.
