Question: As with many Sixties built houses, I own a garage but it is not attached to my house. It is a few hundred yards away in a block but is clearly noted on my deeds. I have often been approached to sell the garage, but have no idea how to go about this. I have a mortgage on the house but the surveyor did not note the garage, or mention it. What are my options?
Answer: Presumably in your mortgage valuation, the lenders' surveyor did not specifically mention your garage. If the surveyor was unaware of the garage, then the value the surveyor placed on your property may not have taken it into account and thus the value could be less than it should have been. Clearly this did not affect your mortgage offer, as you now have a mortgage.
You have not said that your garage is registered under a separate title number at the Land Registry and so the garage and your house are likely to be registered under one title number and your mortgage will, therefore, be secured on both the dwelling house and the garage.
This means that before you can sell off the garage you would need to obtain consent from your lender to a sale of part of the property — you can always emphasise to your lender that there should be no objection from them as it appears that the garage was never included in the surveyor's valuation. When you sell the garage there would be a transfer of part and your lender would have to agree to release that part of the title from the charge which they have as security for your loan.
You must also consider whether there are any restrictions on your title regarding the garage. There could be a restrictive covenant prohibiting the separation or sell-off of the garage from the dwelling house, whether or not your property is leasehold or freehold.
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These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.