Splitting Title Plan

Hi Adam,

im in a similar position at the minute.
we have a Buy to let property and have been granted planning permission from the local authority to build a pair of semi detached homes.  The land is freehold, owned by us.  However we are waiting to start the build, everything is ready to go but as we have a mortgage on the BTL we need to divide the land up to 3 plots. Plot 1 with the current BTL and plots 2&3 for the new buildings.  We will struggle to get A remortgage on the current BTL if we start to build without dividing the land.

Hi Steven - the same linked guidance holds true if you are applying to split a title into three plots. The key will be your existing lender and their own requirements alongside the application to split the registered title into three.

Thanks Adam,

there is only 3 months left until the re-mortgage so my next question is how long will it take once we apply to Land Registry for the Title to be split into 3 plots?  Bearing in mind we are ready to build.

Steven the wait will be a long one so you need to apply first and then request expedition to keep the wait time as short as possible. Expedition generally gets it considered within 10 days. Everything then relies on it all being in order of course.

Thanks Adam
greatly appreciate your advice

thank you

Hello
I have a leasehold flat with a plot of land. Would using the AP1 allow me split the title deed? So I have a title deed for a) the flat and b) another for the garden?

Hello Dee - form AP1 is the correct application form to use when requesting a 'split'
Here's our generic advice re such applications

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.

Hi.i have 11 flats all on the same Freehold Title. I want to separate the titles for each to consider selling perhaps some but more importantly to make it easier for my children who will inherit them to manage to their satisfaction.Can you please tell me what the procedure is and associated costs.thank you.Katherine Fahey

Hi Katherine - if you want to split a title then the posts above explain how to apply
If you are selling some/parts then they don't need to be split beforehand. And in my experience there's no reason to split them in registration terms as you can 'split' them within your will/wishes as appropriate 

Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to consider the benefits of using a conveyancer.

Adam, thank you are you saying to itemise them in my Will and leave them as 1 Title Deed for now.I have looked and it does indeed look very complicated and expensive.I have 1 Office Unit also in this Title Deed and it might be easier to separate that and give the children that money now.Even then it looks complicated as with all this new  Landlord badgering is.Thanks again and I think I will take your advise.Would they be registered with Land Registry since they had Planning Permission or just be all under the original one Title.Katherine

Katherine - very much your decision to make and to be honest we at HMLR have very little say/involvement in either your will, wishes or indeed planning applications/decisions.
We register 'outcomes' really so for example if you did die then your executor could transfer parts to each beneficiary and that would then naturally split a title. Likewise if the site was redeveloped and sold off in parts
Do consider getting legal/financial advice as to what's best going forward and what's best re your inheritance 

Thank you so much Adam as I didnt realise that I didnt need to split them if I was going to sell one or two 
 of them.So really Adam it would be a waste of money splitting them in the first place.So if I want to sell 1 am i correct that I can just go ahead and do it and yes I think I no need Advice with this new amount of new tax and legislation.thanks Adam.

Katherine - that's correct re any sale of part. It happens all the time and the purchaser then registers their purchase and we remove the part from your title and they get their own new registered title as a result

Thanks a million Adam.much appreciated.Katherine