Splitting a title subject to a charge

My Client owns a large piece of land under one Land Registry title which needs to be split into two for lending purposes. There is already a charge over the title and the current lender has agreed for the title to be split and their charge secured over the two titles once split. The plan was to do the remortgage and title split at the same time but unfortunately the new lender will not issue a mortgage offer until the title has been split.<br> <br> Logistically do we need the lender to enter into a DS1 and then have a new charge document or is it enough for me to provide a copy of the written confirmation from the lender giving their consent to the split given that this would satisfy the&#160; requirements of the restriction on the title?<br> <br> Thank you in advance for your assistance.

Laura - a restriction that states 'No disposition....' would not catch an application to split the title so there would be no such requirement. When applying to split the title you must make it clear as to why the split is required and I would include a copy of the lender's written confirmation with your application