Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.property118.com
(“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
||means an account required to access and/or use certain areas and features of Our Site;
||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;
||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and
||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at email@example.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at firstname.lastname@example.org, or using the contact details below in section 14.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
- The following first party Cookies may be placed on your computer or device:
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- Our Site uses analytics services provided by Google Analytics and Facebook. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- The analytics service(s) used by Our Site use(s) the following Cookies:
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- In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
9:33 AM, 5th August 2014, About 9 years ago
If you sell part of the garden from a property where a lender holds a mortgage you are materially affecting the lenders security and potential value of the property.
Therefore if you have a high Loan to Value mortgage the lender could refuse your proposal, or if it is a very low LTV they could be less concerned. However they may require a Valuation Survey be done first indicating the future value post sale of garden area.
9:49 AM, 5th August 2014, About 9 years ago
In struggling to see the point in doing what your suggesting. For example if you sell part of your garden to raise funds in property 1 for say 25k, and then pay say 25k to increase the garden in property number 2 you haven't really achieved anything so what's the point? Maybe we need some more info on the details to understand where your gain is gong to be because if your not gonna make any money out of the idea then there's really no point in doing it.
15:15 PM, 5th August 2014, About 9 years ago
Look at the websites for local commercial property estate agents and auctioneers: they frequently have sections devoted to land, in which you should find some examples of non-developable land that's up for sale, e.g. for grazing a pony. However, garden land is arguably more valuable than grazing, especially if the original gardens are small.
Or Savills and Knight Frank do regular surveys of land values, although these are usually for developable land and agricultural land, not little pieces of garden.
Or ask your friendly local estate agents: how much would your and your neighbours' properties be affected in price if they had a smaller or larger garden? Using an agent as honest broker may also be the best way to reach agreement over price with your neighbours, if you can both accept the agent's opinion, or the median value from two or three opinions.
It would probably be a gentlemanly thing to do if you offered the agent(s) a small fee for their time, such as £100. Usually the buyer pays for the valuation.
In my experience land agents and surveyors expect to charge a fortune for this kind of valuation - £1000 minimum - even though all they do is look at their tables of current land values and do a Rightmove search to establish typical values for your respective houses. Avoid.
You will probably need to have the house valued by your mortgage provider if you are selling land. I've done this and the removal of half the 150ft garden apparently made no difference to the house's value. Unless the garden is really spectacular, the core value lies in the buildings, provided the house still has a reasonable amount of garden space remaining after the sale. The minimum requirement by many local authorities for new houses is 11 metres from the rear of the property to the back fence, so about 35 foot.
16:54 PM, 5th August 2014, About 9 years ago
I can't speak about valuation but small plots of garden land with no development potential don't normally have much value – perhaps a few hundred. Valuers usually look at sales of comparable properties when determining a value but bits of garden don't change hands very often so they would probably not be able to help you very much.
So you would really have to just try and agree an acceptable figure with you neighbours.
On the legal side, you will certainly need to get your mortgage lender to release any land being sold, and likewise if you buy any land the seller will need to get his lender to release it. The value of a property is usually in the building so they often do agree to release small areas, but might well want a survey done to confirm (at your cost of course!)
The Land Registry fee for transfers of part where the price is under £80,000 is currently £40 – you only pay that on a purchase. There is no Stamp Duty Land Tax on purchases under £125,000 and no need to complete a SDLT return if the price is under £40,000.
Proper scale plans will be necessary to satisfy Land Registry requirements when only part of land in an existing registered title is being transferred. You can find companies which will prepare LR compliant plans and it is worth using them as the LR is very fussy about plans nowadays. The cost of a professional plan is not normally too high but it is an additional expense to bear in mind.
It's a bit difficult to say what legal costs would be, the best thing is to get a few quotes. Make sure that the solicitors/conveyancers know it is not a normal house purchase.
On the purchase it would not be necessary to do usual searches and enquiries. Also formal contracts are normally dispensed with on small transactions, so it should be possible to save a bit on legal costs compared with a standard house purchase.
A couple of bits of advice if you do sell part of the garden:
1. Ask your solicitor to put a restrictive covenant in the transfer preventing the buyer from building on or otherwise developing the land – even if there's no development potential at the moment there's nothing worse than selling for a few hundred and then seeing your neighbour get planning permission a few years later. If that did happen you could claw back some money by agreeing to release the covenant at a price!
2. Double check that there are no drains or other services under or over the land being sold, or if there are make sure that proper legal rights (easements) are reserved for your retained land. Also if appropriate reserve rights of light to your existing building.
18:11 PM, 5th August 2014, About 9 years ago
Make the buyer pay the legal costs for your side and theirs and follow the advice given above, write in an uplift if the site is built on in the future for say 20 years, they are not making land anymore so land is worth much more to a neighbour than to a third party, ask a lot and come down later, for a piece of garden ground in Northampton Id ask at least 5% of the value of the property acquiring it plus legals.
15:25 PM, 7th September 2014, About 9 years ago
I have carried out several such transactions during my career.
The key to valuation in this case is not via comparables of land deals but to look at (depending on whether you are buying or selling): the diminution in value of the property which will lose the land - will it be worth less with a smaller garden and by how much? What will be the uplift in value of the property buying the land? Will it just get a bigger garden or will it also be able to do something that will enable a higher value to be achieved, such as build a garage or an extension or a rear access?
I agree with others above that you may be able to get the other side to pay your reasonable legal costs, and that you should seek a covenant regarding no building/ development without your express consent . However I am not familiar with the suggestion that formal constructs re dispensed with, so do take advice from a solicitor practising in residential property, and do not be tempted to take shortcuts on the paperwork which may come and bite you later.
18:08 PM, 1st March 2017, About 6 years ago
Reply to the comment left by "Rob " at "05/08/2014 - 09:49":
If Property 1, has 300 sqm of garden & Property 2 only has 50 sqm of garden. You will not necessarily cause a vast amount of harm to the value or attractiveness of property 1 but could drastically improve property 2.