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A married couple wish to grant a right of way over the driveway to their private residence to a developer of the adjoining property.
The driveway leads from their garden to the road with separate access to it for other houses that already enjoy a right of way over it. These houses were built many years ago in part of the clients’ former gardens.
Their residence occupies less than half a hectare but is the gain that will arise – probably in excess of £30 000 – eligible for capital gains tax only or main residence relief?
Readers’ opinions would be very much appreciated.
Query 17 990 – Jack
Reply from Goldstone
TCGA1992 s 222 (‘Relief on disposal of private residence’) states:
‘(1) This section applies to a gain accruing to an individual so far as attributable to the disposal of or of an...
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