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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I need to have title deeds drawn up for a new build on my

Resolved Question:

I need to have title deeds drawn up for a new build on my land what can i expect in fees for this the land is already regestered to me
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your question.
Have you arranged a sale of the new build yet?
Kind regards,
Tom
Customer: replied 3 years ago.

I am not planning on selling it I wish to live in it

Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your reply.
Do you intend to obtain a mortgage on the new build property separately to the existing land?
Is there already a mortgage on the land on which the new build will be made?
Kind regards,
Tom
Customer: replied 3 years ago.

I dont need a mortgage I own both the land and the property

Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If it is the case that you have built a new build property on your land for you to live in (ie. no change of ownership) and you will not be requiring a mortgage granted on the new build separately to the remaining land, then there is no obligation on you to register the land.
This is because there is no transfer of ownership or mortgage which means that the landlord must register the new build and the remaining land under separate titles.
This means that the land register will only register on a discretionary basis if they consider that there is good reason to. It would a fairly unusual application but you would probably be looking at a land registry fee of £40, but there is no guarantee that they would consider it because there is no legal reason for them to be registered under separate titles because there is no mortgage or transfer or ownership.
If easements (ie rights of way, drainage, services etc) were required over other land and you got these by a deed of grant of easement from the owners of other land from which you required the rights, then you would likely be able to get the new build and the remaining land registered separately. However, if the new build does not require any of these rights then they are probably pretty unlikely to split up the remaining land and the new build.
If you were to mortgage the new build or arrange a sale then they would split it up because there would be either a (1) mortgage of part or (2) transfer of part to a buyer, both which result in automatic splitting.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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