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Planning site sale with neighbour

  • 01-02-2018 12:24pm
    #1
    garbo speaks
    Banned (with Prison Access) Posts: 300 ✭✭


    Hi all,
    Myself and a neighbour own two small greenfield sites that bound each other. They are both reasonably small and I own the larger of the two. A third party contacted us and he wishes to buy both of our sites, which will result in him having a site big enough in order to be able to get planning. I found out however that a few weeks ago, my neighbour secretly went to the third party and suggested an overall cost for the third party to purchase his and my site, and that myself and the neighbour would effectively 'equally split' the total fee paid. Can my neighbour do this? Surely there will have to be two separate sales- one from me to the third party, and one from the neighbour to the third party. Any advice appreciated!


Comments

  • #2
    ifElseThen
    Closed Accounts Posts: 348 ✭✭ifElseThen


    Of course your neighbour can't do that. He has no title over your site so can't sell it.

    Either sell as two separate sites, or a single sale, the contract determining the % paid to both you and your neighbour.

    Selling as two separate sites might be the cleanest option, although the buyer may have to incur 2 sets of fees etc...


  • #3
    Gloomtastic!
    Registered Users, Registered Users 2 Posts: 8,826 ✭✭✭Gloomtastic!


    The cute hoors will never go away! :rolleyes:

    Time to get a surveyor involved who will ascertain the percentage value of each site. This keeps everything above board and fair.

    Good luck!


  • #4
    garbo speaks
    Banned (with Prison Access) Posts: 300 ✭✭garbo speaks


    How would we sell them as a single sale?


  • #5
    Metric Tensor
    Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    The land is yours to do with what you please. Decide a price you want in your own head and tell the third party that's what you want for your portion of land.

    What your neighbour says to the third party is up to the neighbour and you make it clear to all concerned that the neighbour is not negotiating on your behalf.

    One thing to say though is don't get caught up in a "I have more area so mine is worth more" line of thinking. Set your fee and be done with it. It would be best if you and the neighbour never know what each got paid.


  • #6
    garbo speaks
    Banned (with Prison Access) Posts: 300 ✭✭garbo speaks


    Metric Tensor wrote: »
    The land is yours to do with what you please. Decide a price you want in your own head and tell the third party that's what you want for your portion of land.

    What your neighbour says to the third party is up to the neighbour and you make it clear to all concerned that the neighbour is not negotiating on your behalf.

    One thing to say though is don't get caught up in a "I have more area so mine is worth more" line of thinking. Set your fee and be done with it. It would be best if you and the neighbour never know what each got paid.

    Thats good advice, I have no interest in what proportion the neighbour will get, that is his business, but is it even possible to sell two sites from two sellers to a third party as effectively 'one' site in one sale?


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  • #7
    grogi
    Registered Users, Registered Users 2 Posts: 8,616 ✭✭✭grogi


    garbo speaks wrote: »
    Thats good advice, I have no interest in what proportion the neighbour will get, that is his business, but is it even possible to sell two sites from two sellers to a third party as effectively 'one' site in one sale?

    No.

    You sell yours, your neighbour sells his. Two sales.
    Or sell your part to the neighbour and let him sell it further... Two sales... :)


  • #8
    Metric Tensor
    Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    The purchaser will probably try to put some sort of contracts in place that makes one sale depend on the other because one bit is no use to him without the other.

    You are best protected by having your own solicitor and your own surveyor/engineer if needed. They will act for you and solely to protect your interests.


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