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Posted Fri, 09 Jun 2023 16:58:45 GMT by
Hi we're selling our house without the garage, could you please give me g some guidance on how to do so. I know that I need to complete the TP1 form but as I'm not transferring ownership I'm confused as to how to go about it. Any light that you could she'd on this would be very much appreciated. 

Thank you 
 
Posted Sat, 10 Jun 2023 05:41:50 GMT by Adam Hookway
You are transferring ownership if selling the house so forms AP1, TP1 and ID1/ID3 required and you transfer part of your title.
The buyer then registers their purchase and we remove the house from the larger title.
Posted Sat, 10 Jun 2023 05:42:31 GMT by Adam Hookway
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Posted Sat, 10 Jun 2023 05:55:51 GMT by
Thank you for your reply. We have been advised to remove it from the deeds before selling, is this not the best way? Is there any way of separating them prior to the sale or do we need to wait until the sale goes through and do it together?

Kind regards
Posted Sat, 10 Jun 2023 07:17:14 GMT by Adam Hookway
You can't transfer it to yourself so best ask whoever advised you to split if before selling just part to clarify why?
Some buyers, or more likely their mortgage provider, may raise the issue but not always so could be just work you don;t need to be doing.
If you want to split it then this is the generic answer but as I say can be more work for you and us that's not perhaps needed
 

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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