Sell Garden Land and Backland in Moray
Backland sites in Moray often stretch across several gardens, so the strongest schemes involve neighbours working together. Land to Homes can buy a single plot directly, subject to survey, title and contract, or bring adjoining owners into one deal with a fair way of sharing proceeds, so a single shared access serves everyone.
MorayFree site appraisal
Tell us about your land and we will call you back. No cost, no obligation.
Prefer to talk? Call 0800 088 6248.
- Free site appraisalNo cost, no obligation
- Legal fees coveredReasonable fees, on options and promotion
- Nothing to pay upfrontOn promotion: we fund planning
- Direct purchaseSuitable sites, with or without planning
- UK-wideEngland, Wales, Scotland and NI
Selling land around Moray
Across Moray, we cover Elgin and 2 other towns, among them Buckie and Forres. If your land is near a boundary, we also cover Aberdeen & Aberdeenshire, Highlands & Islands and Angus & Dundee.
Around Moray we look at infill gaps along existing streets, land behind street frontages and paddocks on the edge of Elgin. Because Moray is in Scotland, land titles are registered with Registers of Scotland (Land Register of Scotland) and transfers attract Land and Buildings Transaction Tax (LBTT).
If you own land near Moray, the first step is a free, no-obligation appraisal.
Our approach in Moray
Neighbours can combine
Where several gardens adjoin, a joint scheme with one shared access is often more workable than separate plots. A collaboration agreement can share proceeds fairly between the owners involved.
Option and promotion routes
If the plot needs planning first, an option or promotion agreement lets us fund the application. On both, we pay your reasonable legal fees, with the amount agreed up front in the heads of terms.
Mortgage lender consent
If your house is mortgaged, the lender's charge usually covers the whole garden. You will normally need the lender to release the part being sold, which your solicitor arranges as part of the sale.
Neighbour impact assessed
Councils look at overlooking, loss of light, noise from a new drive and whether the plot is in keeping with the area. We assess these early, because they are common reasons for refusal.
Planning in Moray: the Scottish rules
Land sales in Scotland are concluded through missives, an exchange of formal letters between solicitors. Once missives are concluded they form a binding contract, and the buyer takes entry at settlement, then registers the title with Registers of Scotland. For land near Moray, missives can be made conditional on planning permission in principle, so the sale only proceeds if consent is secured. The buyer pays Land and Buildings Transaction Tax to Revenue Scotland.
In Scotland, restrictions on building are usually real burdens, also called title conditions, rather than covenants, and the Lands Tribunal for Scotland can discharge or vary them. Garden plots are often consented through planning permission in principle first. A building warrant is needed before work starts, and the buyer pays Land and Buildings Transaction Tax.
| National planning policy | National Planning Framework 4 (NPF4), which forms part of the statutory development plan |
|---|---|
| Local planning document | Local Development Plan (LDP) |
| Who decides applications | The council as planning authority (or a national park authority in its area) |
| In-principle consent | Planning permission in principle (PPP), followed by approval of matters specified in conditions |
| Land transaction tax (paid by the buyer) | Land and Buildings Transaction Tax (LBTT) |
| Land registration | Registers of Scotland (Land Register of Scotland) |
| How a sale becomes binding | Land sales are concluded through missives, formal letters exchanged between solicitors that become a binding contract once concluded, followed by settlement on the date of entry and registration in the Land Register of Scotland. |
| Developer contributions | Section 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments |
Questions about Sell Garden Land and Backland in Moray
Can I sell part of my garden to a developer?
Yes, if the land can support a new home with safe access and acceptable impact on neighbours. The land is split from your title and sold with rights of way and services set out in the transfer. If your house is mortgaged, your lender will need to consent and release the part being sold.
What if my title has a covenant against building?
A restrictive covenant can prevent or limit new homes even when planning permission is granted. Options include negotiating a release with whoever benefits from it, indemnity insurance where enforcement looks unlikely, or applying to the relevant tribunal to modify or discharge it. Take legal advice early, because it affects any buyer.
How wide does an access drive need to be for a new house?
There is no single figure for the whole UK. The local highway authority's design guidance sets widths for private drives, passing places and visibility at the junction, and building regulations cover access for fire service vehicles. We check the standards your council applies before estimating what a plot could take.
Should I team up with my neighbours to sell garden land?
Often it helps. Several gardens together can support a better-planned scheme with one shared access, which councils tend to prefer to separate plots. A collaboration agreement sets out how proceeds are shared, usually by area, so no one loses out because of where the access road happens to go.
Is Moray an area you cover for land?
Yes, we cover land across Moray, including Buckie, Elgin and Forres. Where a site suits us we can buy it directly, or set up an option or promotion agreement. On promotion there is nothing to pay upfront.
Read more: Sell Garden Land and Backland · Guide: Selling part of your garden: what you need to know