Listed property - can I subdivide?

[pacoryan]

I own a Grade II listed property that has a small plot of land attached to it, beyond the garden. There are no buildings in it, there is a stone wall along one side but there is no evidence it is owned by my property, it could be owned by the listed property on the other side of it.

A neighbour wants buy it to increase their garden, but their property is not listed. If they buy the plot they presumably can't add it to the title of their non-listed property unless the listing can be removed?

Planning Officer says no consents are required to sell but assumes the plot will remain listed. Conservation officer is busy but I will hopefully get a response at some point, but I fear they will just refer me to the solicitor, who hasn't a clue what to do.

Has anyone succeeded in sub-dividing a listed property?

[walm]

Rare for listings to include land, IIRC.
Planning department can't fob you off - they are the authority.
Might be worth having a gander here: https://historicengland.org.uk/listing/the-list/
Search by postcode and click on your place!

[barryrs]

pacoryan said:

Planning Officer says no consents are required to sell but assumes the plot will remain listed.

Thats also my understanding; the listing stays with the land and not just any structure that's currently built within the curtilage.

[veccy208]

Is there not usually a record somewhere of what exactly is listed? If its not part of the original garden, unless otherwise stated, it shouldn't be listed? not 100% sure

[ClaphamGT3]

This is a grey area. Typically, a building and its curtilage are listed. If part of the curtilage is disposed of then, technically, it is no longer listed as no longer part of the listed building. Your case appears stronger as, from what you have written, the parcel of land in question has not always been connected to the listed building. A conservation officer may challenge this however, if it was felt that this would adversely affect the listed property.

Short answer; you need specialist advice.

[The Surveyor]

ClaphamGT3 said:

This is a grey area. Typically, a building and its curtilage are listed. If part of the curtilage is disposed of then, technically, it is no longer listed as no longer part of the listed building. Your case appears stronger as, from what you have written, the parcel of land in question has not always been connected to the listed building. A conservation officer may challenge this however, if it was felt that this would adversely affect the listed property.

Short answer; you need specialist advice.

/\ /\ This is very good advice to start with. A property listing normally covers the building and its curtilage and that is usually supplemented by a description of any specific or general features that contributes to its historic significance. If the listing refers to the setting / grounds being of merit you'll have a bumpier ride than if the listing focusses on specific architectural features.

[pacoryan]

Thanks all, yes curtilage is the key word, it isn't just the building. As for the detail of the listing it is very vague, as most are, and no inspection of the property was undertaken so it just describes the frontal aspect visible from the street.

I think the plot has been part of the property for 100 yrs or so since it (and the rest of the village) was sold out from an old landed estate.

I still await the call from the Conservation officer.