Splitting a title deed

Hello, how would we go about splitting a title deed?0

Kiera - 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.

I hope this information is useful to you.

Hello,

What are the guidelines regarding splitting a title without sale/transfer?

I have been granted planning permission to build a self build property within the curtilage of my property. In order to finance the self build, I intend selling the existing house (with it's own garden), and in order to sell the existing house I would have to have this registered as a separate title.

I intend living in the new house, so don't want to sell the building plot.

Hello al - see the post before yours for guidance on how to apply

Hello Adam,

I see the "how to apply", but I'm more concerned about the Registrar's Discretion on spliting a title without a transfer/sale.

The planning permission I have shows the existing plot divided to form two separate properties. I understand I will have to get a surveyor to produce drawings that are suitable for land registry, and submit these together with planning application/permission etc.

Under what (discretionary) circumstances is the application likely to be approved or denied?

Al - you need to demonstrate/prove why you need to split the title in order to sell part. That's the key point with regards a Yes or No answer. 

How would it be possible to sell a property without selling the building plot if they are still on the same title?

I want to retain ownership of the building plot so I can build a home for myself (downsizing in retirement without relocating). I don't have the cash freely available to build a new property, so need to sell my current home to finance the build. As I'm retired, I would not be able to get a mortgage to finance the build.

Is there a reason for title splitting being refused?

Al - you sell the part and the buyer then applies to register their part (form TP1) as appropriate
We refuse applications to split a title because in most cases it's unnecessary to do so and in essence is extra work. Such splits normally occur naturally when you actually sell/transfer the part 

How would the buyer obtain a mortgage on a "part" property that doesn't have it's own title? And, conversely, how would I retain ownership of the building plot when I sell the titled property?

In my case, I want to sell the house with a reduced garden and keep the building plot for self build.

Apologies if my questions seem obvious to you.

Al - they would go to a lender and ask for a mortgage and show them a copy of the registered title and the draft transfer of part.
When the transfer of part is registered the sold bit is removed from your title and you are left with what you 'retained'
No apology needed at all - such things are not routine/daily matters
The key for you remains demonstrating that you have a buyer who can't get a mortgage unless you split first and then sell second. Namely the split creates a single title re the land and enables them to buy a whole title instead of for example a part of one you own.
I suspect you are thinking you have to split before selling. But that's not always the case 

I've just posted this scenario to a mortgage broker who says they wouldn't lend on a property without a separate title.

Al - that's fine and doesn't alter the answers already posted. If you apply to split your title then follow the guidance as posted previously

Hey Habito say because the plans are already drawn, the property has to be split!

Hello again Adam, I been doing more research and it appears I can use the TP1 route to transfer part title to joint owners, instead of the current single owner (me).

If this is the case, would I be able to gift the building plot to myself & my son (with no sales fee involved), whilst leaving the existing house/smaller garden in my name, ending up with separate titles for the house/garden, and separate building plot?

I understand, I will still need to get a surveyor to draw up plans and submit planning approvel etc. but this seems the simplest way fro me to maintain ownership of the land whilst giving the mortgage lender a title they are happy with.

*approval

Al - you can do that if you want to, yes

Thanks, that'll do me.

Just waiting for my copy of The Conveyancing Fraud to arrive & I'll get on with it!

Hi, can anyone tell me if it is possible for a person who owns a title to split the title wherever they wish and sell each part individually without the need for a surveyor if there are obvious boundary lines already included on the title?

It is possible to transfer part of a registered title - for example where a house and garden are registered under one title and you want to sell part of the garden. This can be done by using an AP1 and Form TP with accompanying evidence. As to whether a surveyor is required will be dependant on the quality of the lodged plans and the corresponding Ordnance Survey detail.

Darren