Changing a boundary of my own land

Statex2_2

I have a house with a small parcel of land attached. I would like to separate the land from the house  in case I want to sell the house in the future and keep the land. Does anyone know how to do that. I have searched the land registry but cant find any information. Also when I sold my house previously the solicitor asked me if I wanted to retain the garden do people do that?

Flugelhorn

bit here from a company https://www.bradleyhaynessolicitors.co.uk/title-splits-what-are-they-when-do-you-need-them-and-what-needs-to-be-done/#:~:text=A title split occurs when,a plot for development purposes.

mi-key

Statex2_2 said:

I have a house with a small parcel of land attached. I would like to separate the land from the house  in case I want to sell the house in the future and keep the land. Does anyone know how to do that. I have searched the land registry but cant find any information. Also when I sold my house previously the solicitor asked me if I wanted to retain the garden do people do that?

I have never heard of someone retaining the garden when selling their home. Why would someone buy a house without a garden, or with one someone else owns? I suppose if the garden was gigantic then they may want to partition it off to keep some of the land for future use, but the house being sold would still need to have its own garden 

eddddy

mi-key said:

I have never heard of someone retaining the garden when selling their home. Why would someone buy a house without a garden, or with one someone else owns? I suppose if the garden was gigantic then they may want to partition it off to keep some of the land for future use, but the house being sold would still need to have its own garden 

It's fairly common to build 'infill houses'.  i.e. where there is a large gap between houses, one of the houses will split off part of their garden for a new house to be built.

However, it's usually more tax (CGT) efficient to sell the garden first, then sell the house - rather than the other way around.

user1977

eddddy said:

mi-key said:

I have never heard of someone retaining the garden when selling their home. Why would someone buy a house without a garden, or with one someone else owns? I suppose if the garden was gigantic then they may want to partition it off to keep some of the land for future use, but the house being sold would still need to have its own garden 

It's fairly common to build 'infill houses'.  i.e. where there is a large gap between houses, one of the houses will split off part of their garden for a new house to be built.

However, it's usually more tax (CGT) efficient to sell the garden first, then sell the house - rather than the other way around.

Plus it's likely to put people off buying the house if they know there's about to be a building site next door (as opposed to a new house already there).

Land_Registry

Statex2_2 said:

I have a house with a small parcel of land attached. I would like to separate the land from the house  in case I want to sell the house in the future and keep the land. Does anyone know how to do that. I have searched the land registry but cant find any information. Also when I sold my house previously the solicitor asked me if I wanted to retain the garden do people do that?

It’s highly unlikely that we would split the title “in case you want to” do something in the future. Splits normally happen naturally as in you sell the land or house and keep the other bit. You sell using a form TP1 and the buyer registers it and the split part gets a new title. 

Nowadays some buyers can’t buy a part as the mortgage product says ‘No’ and they ask the seller, you, to split it first. 

So if you have a linked/dependent transaction you can apply to split using form AP1, £40 fee and a suitable plan - see section on transfers of part https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications
But “in case” isn’t a good reason to apply 

propertyrental

You split the Title into two when you sell one or other or both. Not in advance 'just in case...'.

Use form TP1.

Statex2_2

Land_Registry said:

Statex2_2 said:

I have a house with a small parcel of land attached. I would like to separate the land from the house  in case I want to sell the house in the future and keep the land. Does anyone know how to do that. I have searched the land registry but cant find any information. Also when I sold my house previously the solicitor asked me if I wanted to retain the garden do people do that?

It’s highly unlikely that we would split the title “in case you want to” do something in the future. Splits normally happen naturally as in you sell the land or house and keep the other bit. You sell using a form TP1 and the buyer registers it and the split part gets a new title. 

Nowadays some buyers can’t buy a part as the mortgage product says ‘No’ and they ask the seller, you, to split it first. 

So if you have a linked/dependent transaction you can apply to split using form AP1, £40 fee and a suitable plan - see section on transfers of part https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications
But “in case” isn’t a good reason to apply 

The house has has 5 acres of land . I intend to sell the main house as it is large and old and requires a lot of maintenance and build a small house on the land. The house is situated on the edge of a village . Should my planning application be refused I can still have use of the land and buy a smaller house nearby.

Statex2_2

Statex2_2 said:

Land_Registry said:

Statex2_2 said:

I have a house with a small parcel of land attached. I would like to separate the land from the house  in case I want to sell the house in the future and keep the land. Does anyone know how to do that. I have searched the land registry but cant find any information. Also when I sold my house previously the solicitor asked me if I wanted to retain the garden do people do that?

It’s highly unlikely that we would split the title “in case you want to” do something in the future. Splits normally happen naturally as in you sell the land or house and keep the other bit. You sell using a form TP1 and the buyer registers it and the split part gets a new title. 

Nowadays some buyers can’t buy a part as the mortgage product says ‘No’ and they ask the seller, you, to split it first. 

So if you have a linked/dependent transaction you can apply to split using form AP1, £40 fee and a suitable plan - see section on transfers of part https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications
But “in case” isn’t a good reason to apply 

The house has has 5 acres of land . I intend to sell the main house as it is large and old and requires a lot of maintenance and build a small house on the land. The house is situated on the edge of a village . Should my planning application be refused I can still have use of the land and buy a smaller house nearby.

some of the land is already on a separate title.

Statex2_2

mi-key said:

Statex2_2 said:

I have a house with a small parcel of land attached. I would like to separate the land from the house  in case I want to sell the house in the future and keep the land. Does anyone know how to do that. I have searched the land registry but cant find any information. Also when I sold my house previously the solicitor asked me if I wanted to retain the garden do people do that?

I have never heard of someone retaining the garden when selling their home. Why would someone buy a house without a garden, or with one someone else owns? I suppose if the garden was gigantic then they may want to partition it off to keep some of the land for future use, but the house being sold would still need to have its own garden 

I don't know why anyone with a garden at the rear of the house would want to retain it when selling the house but my solicitor asked me if I wanted to retain he garden, I first heard of this when a house went up for sale locally and the garden was not included in the sale.

mi-key

The house has has 5 acres of land . I intend to sell the main house as it is large and old and requires a lot of maintenance and build a small house on the land. The house is situated on the edge of a village . Should my planning application be refused I can still have use of the land and buy a smaller house nearby.

Personally i would apply for the planning permission first to see if you can build on it. If the council say absolutely no way, then do you really want 4 of the 5 acres just sitting there ? Do you have an actual use for it that wouldnt involve building on it if you did keep it and buy somewhere else? 

5 acres is a good amount of gardens / land with the house, it may end up worth more to sell with the house than having what is basically an unusable field