How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10631
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

I've got a scenario where I own a large detached house and

Resolved Question:

I've got a scenario where I own a large detached house and have built a second house on the grounds (with full planning permission) but now am looking at sub-dividing the title into 2 x freeholds so I can raise mortgages on both. I've been told that I cannot be both the transferror and the transferee on the sub-division. Is this correct or should we be looking for another solicitor?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, I'm afraid your Solicitor is quite correct- you can't do any formal Transfer if you are both the Transferor and Transferee. ( a formal Transfer will be required so that the new build gets granted the adequate rights in respect of services/any right of way over the original dwelling's land if appropriate). I'm not sure if the property is in joint names, but if it is, the only thing you can do is for both of you to transfer the new build into just one party's name. I hope this assists and confirms the legal position to you. Kind Regards Al

Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
My understanding was that land registry had the discretionary power to divide a registered title, and was generally not obstructive to doing so. Assuming there is a legitimate reason (i.e. a new dwelling), should it not be a situation that they would be able to sub-divide the current title?