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If I sell off part of my land, can I dictate its use?

I intend to sell a corner plot of land in the garden of my home in Carmarthen for building, but I do not want any buyer to build a property higher than single storey so as not to spoil my view.  Is there anyway I can ensure that this happens?

If you are selling off part of your land on which your purchaser intends to build a dwelling, or if the piece of land is sold with the benefit of Planning Permission for a single dwelling, then you are in a position to dictate those restrictions, or covenants,  which will forever bind the use of the land to be sold.

As in large developments, the Transfer to the Purchaser will contain restrictions, or covenants, together with the usual rights over, and reservations in favour of, your Retained Land. The fact that you will continue to live immediately next to the new building, or building plot, emphasises the importance of your ensuring that these restrictions, while not too onerous so as to render the plot unattractive, will ensure that the type of development which takes place is controlled and subject to your strict criteria.

Covenants will usually include restrictions on its use as a single private dwelling house, no business use, a restriction on its height, the maintenance of boundaries and criticlly the need to obtain your consent in the event of the building being altered in any way in the future.

You must ensure that you are clear as to what restrictions you wish to impose before the plot is sold so they are made clear to your lawyer who can incorporate these into the transfer document and ensure that any prospective purchaser  is aware of these from the outset.

* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Removing your ex from the house deeds

My wife and I have divorced and finally reached a financial settlement which includes me paying her off a share of our home. How do I remove her name from the house deeds?

If as a result of the financial settlement you have remortgaged the property to help raise the money to pay your ex-wife her share of the home, then the position is relatively simple, as during the process of remortgaging, the property will be transferred from your joint names into your sole name. The former joint mortgage will be repaid out of your new mortgage funds and the property ending up in your sole name.

It is essential that if you are paying, in addition to repayment of your joint mortgage, an additional capital sum to your ex-wife, that the consideration shown in the Transfer into your sole name is the total of the capital amount payable to your ex wife plus her one half share of the existing mortgage debt, which you are, effectively, absorbing.

If the combined total of this exceeds £175,000 then Stamp Duty Land Tax will be payable – unless the settlement is made the subject of a formal Court Order. However, if there were no additional capital payment to be made and you were simply absorbing the existing joint mortgage, then this could be done by way of a Transfer of Equity into your sole name, provided of course the existing Lender was happy to release your ex-wife from the joint mortgage and to transfer the mortgage into your sole name.

If the existing Lender is not prepared to do this, then you may be faced with having to remortgage with another Lender, taking out a new loan in your sole name which would complete simultaneously with the transfer of the property into your sole name.