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Posted Fri, 02 Aug 2024 08:06:19 GMT by Mehmet Can Görünmez
Company A has a parcel of land in "England and Wales." There is currently a factory on this land, and part of it is vacant.
Company A wants to separate the vacant part into a new parcel. Once the vacant part is separated into a new parcel, it will be transferred to the newly established Company B. Company B will then set up a new factory on this parcel. Under this plan, there will be two neighboring parcels, each with a factory, one owned by Company A and the other by Company B.

1-) Could you provide detailed information on how the parceling and division process is carried out and the procedures involved?
2-) Do we need to leave a portion of land between the two factories empty for reasons such as health protection zones (like buffer zones), after subdivision or transfer of part?
3-) Will there be any issues or losses related to the land that could affect our operations?

Please answer these questions considering the procedures applied in England and Wales.
The location is in Deeside, Wales.

 
Posted Fri, 02 Aug 2024 08:34:35 GMT by Adam Hookway
Mehmet - we only deal with 1). I would suggest you contact the relevant local authority with regards change of use etc as we don't deal with such matters
 

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.

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