Legal Q&A: I'm a freeholder, can I sell off part of my property?
Answer: Check your title deeds for restrictions preventing the garage being sold as a separate entity, such as a restrictive covenant requiring the property to be used as a single private dwelling house only.
If there are no such restrictions you should consider how you will divide the property, as both pedestrian and vehicular access will be needed for the garage.
Unless the garage can be accessed directly from a public highway you would need to grant the buyer a right of access over your retained property.
Consider instructing a chartered surveyor, both to advise you on the value of the garage and how the sale of it may impact on the value of the house you intend to retain, and also to prepare a Land Registry compliant plan identifying the part of your property to be sold.
Instruct a specialist property lawyer to draft the legal documentation and deal with the sale.
Decide on any restrictions you wish to impose regarding the garage, for example, a restrictive covenant prohibiting its use for commercial purposes, or prohibiting its conversion into living accommodation.
Do note that selling part of your property is likely to be a more complex transaction than selling the whole of it.
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.
If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE.
We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.