Selling land - who pays legal costs?

[MikeyT]

We're in the process of selling off a very small piece of our front garden to our immediate neighbour who wants to widen his drive ...

I think he should be responsible for all legal/solicitors, registry change costs etc.

We bought some land at the back of our house, funnily that belonged to the same house although before the present occupants moved in, about three years ago and we paid all the legal fees - (£500 in total) mind you we got it for next to nowt so didn't mind.

I honestly can't remember whether there is 'a rule of thumb' in these cases - I just thought it was expected the buyer paid the legal costs ...

Can't even remember if we (us and the neighbours) have talked about it, but the time is nearing when the legal side will have to be sorted out.

Maybe I'm mistaken and we should each pay our own ...

Any thoughts or experience of small land sales ...

[craigw]

I had same situation, I was buying, as part of the deal i agreed to pay sellers costs however, I think usual rules are each pays for their own.

[rude-boy]

Yep, do them all the time.

All down to the negotiation. in this case you say that you are selling a bit of land so neighbour can widen driveway so it's unlikely to be for much. I would say that he should cover your legal fees.

Don't forget that if you have a mortgage you will need the consent of your lender to the transaction. They will charge you for this, and possibly for a valuation of your property minus the land if you have less than 50% equity in my experience. Pass this on to the neighbour as part of the deal.

And for god's sake get a Solicitor to do the legal work for you or a decent FILEX. Don't go for the cheapest job you can get - pay peanuts = get monkeys

other things to look out for are fencing - is it possible for the land to be fenced off and if so do you want to specify the type of fence to be used to ensure you get something in line with your tastes.

Make sure that there is a covenant not to erect any structure on the land you are transfering. make sure you reserve rights for the passage of services to and from your land so far as that same may exist (you never know if your water pipe could be located under the bit you are about to sell off.

[mutt k]

Usually each side pays their own, or otherwise by negotiation. If they approached you wanting to buy, then perhaps you could gently suggest that they should pay yours, or a part contribution towards the same.

[wolf1]

He wants to buy the land from you!
He needs it to widen his drive!

If he wants it that bad then he will be willing to cover all costs. If he isn't then i'd be tempted to say, looks like his drive won't be getting any wider will it!