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Old 20-10-2009, 10:48 AM
echinosum echinosum is offline
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First recorded activity by GardenBanter: Feb 2006
Location: Chalfont St Giles
Posts: 1,340
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Originally Posted by zingari View Post
We wish to extend our garden to incorprate a small 500sqm,(approx 1/10th acre) area of our farmers neighbours field (no intention of planting or altering anything) to give our dogs more room to play.

Is there a way to do this legally without the need for paying solicitors fees which would percentage wise, add a great deal to the transaction?
Is there a standard sale document that can be purchased,details added and then and signed by both parties?

Thanks
You can google do it yourself conveyancing and do it yourself no doubt. You can go to a licensed conveyancer who would do it for less than a solicitor.

But personally I would want to employ a solicitor because he would make the checks that you get proper title to the land, and don't obtain any onerous obligations with it (like having to pay to mend the church roof), and have someone to sue if it goes wrong.

The other thing to be aware of is planning status. If there is currently a hedgerow separating your garden from the field, it is possible that you may not be able to take it out. My parents did what you want to do, as did several of their neighbours along the same road, the farmer selling off a strip of his field. Unfortunately one stupid neighbour, despite being advised what would happen, applied for planning permission to build a house in the gap between two houses (originally her garden, as for my parents, ran along the road rather than behind the house) before 10 years had passed, it was just 8 years. (After 10 years without complaint, de facto planning change is obtained.) So the planning office came along and noticed what had happened and threw the book at them, pointing out that the land does not have permission for domestic garden use. Fortunately at that time it was not an offence for them to remove the original hedge separating the gardens from the field, whatever act it is that preserves hedgerows came in about 5 years later. But the council did make them plant a new hedge of agricultural character along the new boundary, and insisted that the garden extensions must remain of agricultural character. So they can be used for fruit trees as an orchard but not flowers. And after all that, neighbour reapplied and got her permission to infill a house in the gap between two properties, even though the only garden that would remain to either property was the field...

In our road, a farmer sold off a field to a property speculation company (only with agricultural status) subdivided into small plots. The council prevented them from putting up any fences or other marks to indicate the separate plots. There was a huge legal battle over it going on for about 3 years. When they weren't allowed to put up fences, they put up yellow sticks, and were eventually forced to take them out.

So it ain't as simple as you think.