This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Property was entirely residential as fields were part of the grounds of the dwelling

By Mark McLaughlin, January 2025

A 40-acre area of fields (in a 106-acre site) used for growing and cutting grass was part of the garden or grounds of a house, such that the property acquired by the taxpayer consisted entirely of residential property for stamp duty land tax purposes. 

On 18 February 2022, the appellant purchased a residential property in Hertfordshire, which was around 106 acres in size, for £10,750,000. The property included a 40-acre area to the rear of the house (the fields), which had clear boundaries, being mostly surrounded by trees or hedges with two separate areas divided by a wooded strip. The house and fields were on the same Land Registry title. The area around the property was rural, consisting mainly of farmland and woods. 

At the time of the appellant’s acquisition of the property, there was a ‘mowing licence’ in place relating to the fields. The licence had been granted by the property’s previous owner (B) to a

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Public right of way was not part of the grounds of a house for SDLT purposes
By Mark McLaughlin, April 2026
Property under construction was a residential property and therefore subject to higher residential SDLT rates
By Mark McLaughlin, July 2025
Property was wholly residential as a part used commercially was suitable for use as a dwelling
By Mark McLaughlin, March 2025
Main house and annex did not each count as a dwelling for multiple dwellings relief purposes
By Mark McLaughlin, October 2021
Acquisitions of freehold property and right to use nearby communal gardens were not linked transactions
By Mark McLaughlin, October 2021