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Posted Sat, 20 Jan 2024 13:41:28 GMT by Gary Smith
I am the registered title holder of the above title. I am in the process of obtaining planning consent for a new dwelling on my property.
I understand that to split the title and retain ownership of both in my name is unlikely to be allowed until I sell or dispose of, in my case, my existing home during my new build.
In September last year, 2023, I concluded an easement agreement for access to this new build with my local authority which my solicitor sent to the Land Registry to 'park' on the above title. (I have checked and it has yet to be shown on that title.) I have now to pay a S106 payment part of which my local authority solicitor requires a copy of the registered title.
My question is this will my existing above registered title be sufficient to satisfy the local authority solicitor and if not would this satisfy the Register that I need to split the freehold and in so doing then add the parked access easement.
 
Posted Mon, 22 Jan 2024 08:14:30 GMT by Adam Hookway
Gary - you'd need to ask the council whether they need to see the registered title with the easement noted or not. I suspect they simply need to see a copy of the title to confirm you are the registered owner but you'd need to ask them to confirm.
The pending application was submitted in September and is waiting to be processed. That may not be for a while yet.
You can make an application to split the title and the following is our generic response to such enquiries. If you have reason(s) to want to split it now then you would state those in the application and we would consider same on merit only once the application has been made.
 

It is possible to split or subdivide the registered title of your property, however, if it is not as a result of a sale/transfer, it would be at the Registrar's discretion, and you would have to disclose your reasons for the request.

If you wish to lodge an application:

  • You must apply on form AP1, notifying us that a transfer is not required.

  • You must explain in a covering letter the reason why sub-division is required. 

  • You will need to clearly identify the extent on a plan that complies with our registration requirements. You can find out information about plans in HM Land Registry plans: guide overview (PG40).

  • If the land is subject to a mortgage, consent to the subdivision of title must be obtained from the lender.

  • There is a fee of £40.00. Cheques/postal orders should be made payable to HM Land Registry. We do not currently accept card payments for applications.

Please be aware that we will only consider your request once a formal application is made, and we may refuse to proceed with the application if we consider that dividing the title would not be desirable.

If you choose to prepare the application yourself, send it to the following address:

HM Land Registry Citizen Centre
PO Box 74
Gloucester
GL14 9BB

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