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DIY splitting title of land, retain ownership of both
oz0707
Posts: 919 Forumite
I have searched a few forums and come across a few results with regards to the following query. I can probably muddle through the process on my own but if anyone has had any previous experience in doing the same thing it would be appreciated if you could steer me right.
I have a plot with planning for 3 separate units. For financial reasons I wish to split the plot so where 2 of the houses are proposed are on one title, and the other house is on another title. I wish to retain ownership of BOTH titles. The split will be pretty simple in shape. Just a line through the middle horizontally about halfway up the plot. I may also wish to split an (approx) 3mx5m piece to my neighbour for no cost. Although if this is complex I can do this another time when I use a conveyancer.
So my question being will I be able to split to plot myself, without incurring my solicitors ghastly fees?! And also will the Land Reg stand for it being split in to two titles with both being under my name?
Cheers in advance
I have a plot with planning for 3 separate units. For financial reasons I wish to split the plot so where 2 of the houses are proposed are on one title, and the other house is on another title. I wish to retain ownership of BOTH titles. The split will be pretty simple in shape. Just a line through the middle horizontally about halfway up the plot. I may also wish to split an (approx) 3mx5m piece to my neighbour for no cost. Although if this is complex I can do this another time when I use a conveyancer.
So my question being will I be able to split to plot myself, without incurring my solicitors ghastly fees?! And also will the Land Reg stand for it being split in to two titles with both being under my name?
Cheers in advance
0
Comments
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Yes, and yes.
You'll need a good OS map to define the split.
Your best starting point is to talk to the Land Registry who will advise you which forms they require, and what Plans.0 -
If you already own a property and have legal cover included try and ring them for advice. They will put u in touch with building/land law expert if they are unable to deal with it straight away. I have used them on several occassions for various queries like yours and found them helpful.
Alternatively ring the land registry as suggested by G_M above.0 -
No legal cover.
Architect will have access to promap or similar and could draw the split on that.
Glad the solicitor wont need a bite at the cherry!
Ta0 -
Just double-checking: you don't have a mortgage on the property / land, do you?0
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Normally a title is 'split' as and when part only is dealt with e.g. sold off but Land Registry will consider applications in other circumstances - the decision to split the title is though the Land Registry's alone and can be refused particularly where the split causes registration difficulties or could lead to confusion at a later date.
If you decide that you do wish to make an application to split the title then you will need to:-
apply using form AP1
pay a set fee of £40
supply the written consent of any registered chargee/mortgagee i.e. any lender with a charge registered against your title
and as G_M rightly states a good quality plan to ensure clarity re the 'split'
Land Registry will only consider the request once the application is received. If it is then refused the £40 fee will be refunded.
Take a look at our Practice Guide 40 Supplement 2 re guidance as to the quality of plan which would be required. Whilst no actual deed or transfer is required the basis of the application would be the plan so the same requirements exist.
NB - the transfer of a piece of land to a neighbour would be a separate matter and our FAQ re transfer of ownership should help in this regard“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0
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