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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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Hello I own a property with 6 acres. I have built with full

Customer Question

Hello I own a property with 6 acres. I have built with full planning permission a bungalow on the site. It has its own entrance and garden with fencing. Planning wise it is an annexe to the main building. I would like to separate it off on its own separate title deed. I don't want to sell it off as my daughter lives in it but I would like to give it to her although she knows it can't be sold off separately. Can we separate off this bit of the land with a separate title with the land registry? If so how? thanks
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Customer:

1. There is no difficulty with separating off this separate annexe into its own folio in the Land Registry. Here I would suggest you get the assistance of a solicitor and get them to divide up the current folio into its two constituent parts. The solicitor will probably cost £350 but will be well worthwhile as they will know what they are doing. Be sure to get a quote in advance and agree a fee. But there is no difficulty in getting the land Folio split into two. This is a straightforward application to the Land Registry to create a new folio. To ensure this new folio is not sold off separately, you might consider registering a burden against the folio preventing its assignment without your consent. This is how you safeguard your own position.

JACUSTOMER-3xpyzrsi- :

Thank you very much, if the remainder of the property ie the 5 acres and original house is sold by myself, can the annexe house and its 1 acre remain legally for her to live in?

Customer:

2. Yes