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Posted Tue, 09 Jul 2024 18:40:12 GMT by Ray Winder
I have a separate  annexe in my garden that my daughter and partner live in. I now have planning permission granted for it to be an independent dwelling and I would like to sell it and part of my garden as specified in the planning permission to them in the future.
Can you tell me how I go about separating the two properties  and gardens and getting a separate freehold title deed for the new property please.
Posted Wed, 10 Jul 2024 06:32:23 GMT by Adam Hookway
Ray - a 'split' will occur naturally when you transfer part of the title

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 address for applications.

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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