Backland Development
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Sell part of your garden in Esher

Turning part of a Esher garden into money doesn’t have to mean selling up. A plot sale transfers only the land you choose, leaves your house on its existing title with a new boundary, and gives the plot a title of its own at HM Land Registry. If the house is mortgaged, your lender signs off the release.

From there, any planning application is ours to make, and the risk of refusal is ours to carry. You’d see the plans like any neighbour and could comment on them. If you’d prefer to sell only once permission is granted, our sale subject to planning works that way instead.

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Long back garden with a string line and marker pegs across the lawn showing where a plot could be split off
Planning authority
Elmbridge Borough Council
Postcodes
KT10
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Surrey

What shapes a plot in Esher

Every garden sale in Esher ends up as a transfer of part, so the title is where our checks begin. We look for covenants that restrict building, rights of way crossing the plot, and whether the boundary on the ground matches the plan. A mortgage lender will need to release the plot, and a sewer under the lawn may need a build-over agreement.

On the planning side, the searches show what Elmbridge Borough Council has approved or refused at the address, and the council’s Local Plan shows how it views new homes in gardens. Together, these tell us whether to make an offer before anyone takes a tape measure out.

Section showing noon sun and shadows in Esher: about 39 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.3 m21 Dec, noon: sun 15°, shadow 18.4 mExistingNew home
This section is worked out for the latitude of Esher: around 39° of sun at midday in late March and about 15° at midwinter. It shows why the gap between your house and a new home behind it is about light as well as privacy. Garden assumed to face north.

What happens next in Esher

From first call to written offer usually takes a few weeks, depending mainly on how quickly the title checks and site visit can be arranged. After that, the legal work for a plot sale in Esher often runs for a few months, driven by the lender’s consent and any covenant or access questions. The appraisal costs you nothing, and you can stop at any point before exchange.

  1. Free plot appraisal

    Tell us about your garden. We check the title plan, access, local policy and planning history from our desk, then talk it through with you. If it looks viable, we arrange a site visit, with no cost and no obligation.

  2. Written offer and heads of terms

    We put our offer in writing, subject to survey, title and contract. Heads of terms then record the plot boundary, the price, access rights, who pays which costs and the rough timetable for each stage.

  3. Solicitors and lender

    Your solicitor prepares the transfer of part and asks your mortgage lender to release the plot. Ours checks the title, covenants, rights of way and searches, while surveys of trees, ground and drainage run alongside.

  4. Exchange and completion

    Once both sides are satisfied, contracts are exchanged and a completion date is fixed. On completion the money passes through the solicitors and HM Land Registry registers the plot under a new title of its own.

Worth checking early

  • Your house keeps a smaller garden, which some future buyers will welcome and others won’t.
  • Selling the plot after you have sold or moved out of the house can change the tax position; take advice from a tax adviser.
  • A sale without planning is priced for the planning risk we take on, so it usually pays less than the same plot with permission.

Questions about garden plots in Esher

What if my Esher garden has a protected tree?

A tree covered by a Tree Preservation Order, or standing in a conservation area, needs consent or notice before work. That doesn’t automatically stop a sale. Often the new home is placed to avoid the roots and canopy, and Elmbridge Borough Council’s tree officer may comment on any application. We check for protected trees during the appraisal.

Will I need my own solicitor for a garden plot sale in Esher?

Yes. You need a solicitor or licensed conveyancer acting for you on the transfer of part, separate from ours. Choose one who handles property sales and, ideally, development land. Who pays their fees is agreed in heads of terms before you instruct them.

Can I sell part of my garden in Esher without planning permission?

Yes. We buy suitable plots with or without planning, subject to survey, title and contract. Without permission, we take on the risk that Elmbridge Borough Council refuses an application, and our offer allows for that. If you’d rather sell only once permission is granted, a sale subject to planning is the alternative.

Do I pay Stamp Duty Land Tax (SDLT) when I sell a garden plot in Esher?

No. Stamp Duty Land Tax (SDLT) falls on the buyer of land, so on a sale to us any amount due is ours to pay. What may affect you as the seller is Capital Gains Tax, depending on your circumstances and whether you still live in the house. Take advice from a tax adviser before you agree a deal.

Other options in Esher

Sell your garden plot near Esher

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