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Posted Wed, 25 Oct 2023 16:14:21 GMT by Anthony Radjenovic
Hi, I have 2 buildings (for ease of reference i will refer to them as buildings A&B) under the same title which are in my company name owned outright. I would like to split the title and sell off building A and keep building B. Q's:
 

1. Most Importantly should I split it now and have building A on its own title plan/register, then sell it or wait until I sell it to split it from B? ......If I wait until I get a sale to split it, in the advert potential buyers would not see Building A on its own title plan/register rather the original title plan of 2 buildings which would be inaccurate/confusing?

2. If I split it now can the new title plan/register for building A still be in my company name or does it have to be in a new name?

3. If I split now, what forms do I need to submit  - just an AP1 form?

4. If I split at point of sale is it just a TP1 form?

5. What is the fee to split the title before a sale or after?

Many thanks
Anthony

 
Posted Mon, 30 Oct 2023 15:51:30 GMT by Adam Hookway
Anthony - apologies for such a slow reply
Most splits of this mature happen when part (A or B) is sold off so that part is removed from the original title by the buyer and they get a new title all of their own. They submit the TP1 plus form AP1 and fee. 
You can ask us to split it as follows but we can refuse
 

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

Under our advisory policy we can give customers factual information and procedural advice about how the land registration system works and how to make an application, but we cannot provide legal advice. In view of the complexities of the law in relation to this matter you may wish to seek legal advice.

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