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32116593

date:28 August, 2006

Mr. George Smith

25, Highbury Grove,

London N5 2AD

Dear Mr. Smith,

Sub: Sale of a part in your Garden admeasuring to __ sq.yds ; legal issues involved.

Sub: The selling of a section of your garden measuring __ square yards ; legal issues involved.

A comprehensive guide for land law relating to gardens can be found at www.Gardenlaw.co.uk. A list of some of the most important legal matters that relate to you can be found below for your perusal, including rules for claims. The creation of a Title Deed will carry all of the terms and conditions of the Weeds Act 1959, the Noise Act 1996, and the Neighbouring Land Act 1992. The created Title Deed must be drafted in suitable detail and with thorough review, to ensure that discrepancies and inconsistencies do not happen, and as such any loss or damages. Some notable issues for your perusal are as follows:

  • Walls and fences: A mark in the shape of a 'T' that exists within the land boundary has the privilege of the owner, while a mark in the shape of a double 'T' indicates that the boundary is to be shared.
  • Changing boundaries: There are Squatters rights in Britain that stipulate if a boundary has been moved for 12 years, then the neighbour has right of ownership. Subject to HM Land Registry enquiry.
  • Tree Preservation: The Tree Preservation Order (TPO) is established to protect and conserve trees. Please find out whether or not your area is in conservation status, and if it is then an issue of notice is required at lead six months before tree cutting or pruning. Noncompliance of this order may result in penalties, and charges for obstructions for vehicles or pedestrians on roads and for branches on power lines may also result.
  • Handling Neighbours: This is less a legal aspect and more an ethical aspect - neighbours should be treated with love and respect under regular circumstances.
  • Aside from the above stipulations, the legal right for noise pollution and bonfires can be administered with a Title Deed binding agreement.

Please asses and utilise the HM Land Registry to its full advantage when selling land by using accurate land boundary splitting and demarcation of the boundarys that face your land and build.

The construction of a house or studio does not in any manner go against your privacy or the security of your land and property, as long as funds from sales have entered your registered bank account, in compliance with the provisions of the Land Registration Act 1988.

A formal and clear Title Deed of sale is required, preferably from a solicitor - please find enclosed a sample deed should you need it for reference.

Yours Sincerely

[provide name]

Enclosed: sample title deed.

Note on Legal issues

Once Ms. Doherty has her name registered on the deed of sale, she will receive the title of property and will become Mr. Smith's neighbour. While both Mr. Smith and Ms. Doherty are entitled to use and enjoy the land and garden, they must be aware of, and adhere to, the Neighbouring Land Act 1992, and its associated terms and conditions, in regards to the demolition of the property on the land, its construction and renovation that will occur occasionally. The Title Deed shall be held by the Vendor and Vendee, which addresses any issues that arise after the sale, and states how issues should be solved. Due to the evident temperament of Ms. Doherty and the possible issues that may arise because due to this, and given the fact that Mr. Smith is a pensioner, it would be of benefit in protecting his section of property for an intermediary arbitrator to be hired to help resolve any issues that arise in the according legal manner - viz., noise, privacy issues, boundaries, hedges etc. This will help in facilitating optimum living conditions and well-being for both parties.