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propertylawyer
propertylawyer, Solicitor
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Experience:  Property solicitor with expertise in commercial and residential property transactions.
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Having read an interesting question thread about title deeds

Resolved Question:

Good morning Thomas, Having read an interesting question thread about title deeds for a new build, we have an unusual situation, we have built a bungalow on our daughter's land, and wish to know if we require title deeds for the bungalow and access path separate to the land title deeds? Our daughter is of the opinion that she owns our bungalow because it is on her land, and we are asking if it is possible to separate the two?
Submitted: 7 months ago.
Category: Property Law
Expert:  propertylawyer replied 7 months ago.

Good morning Susan

Thank you for your question.

If you have not undertaken a 'split' if the land already, assuming that is the case based on your question, then as it stands the bungalow is technically in your ownership.

In order to put the bungalow into your daughter's name and ownership you would need to split the title.

This is a relatively simple process, you need to use form TP1 and attach to it a plan showing the land which you want to carve out and transfer to your daughter. This is then sent to the Land Registry with form AP1.

However, it is not entirely simple. When carving out the land you need to consider granting/reserving various rights, such as: access, passage of services and covenants as to maintenance of boundaries and contribution towards upkeep of any shared accessway and service media. This will depend on whether you share an accessway with the bungalow or if it has a separate access to the public highway and separate service media.

Without seeing the title deeds and plans it us difficult to advise fully on rights and covenants which would be applicable.

This may sound a bit over the top but it is much better to have this done correctly now to avoid problems further down the line if either of you wish to mortgage or sell.

If you have further details or a copy of the plan I could advise further.

Do let me know if you have any further questions or queries.

Kind regards

Paul

Customer: replied 7 months ago.
Thank you kindly for your reply. You have confirmed our thoughts that we do own our bungalow and path and access which we have paid for. Do we need to obtain title deeds for our home?
Expert:  propertylawyer replied 7 months ago.

Hi Susan

It is possible to obtain the title deeds from the Land Registry for a small fee. It is generally £6 but can be more. You can order the copy title from eservices.landregistry.gov.uk. However, your solicitor can do this for you as they are bound to be set up on the website already.

One other point springs to mind, if your land is mortgaged you will need to contact the lender in order to get the part of the land which is to be carved out released from the mortgage. Your solicitor will be able to handle this for you if applicable.

The plan which you use needs to comply with the Land Registry 's requirements, based on an OS plan, drawn to scale, shows a north point and clearly identifies the property. Your solicitor can advise further on this when they see the title and plans.

Do please let me know if you need further assistance.

If not please can I ask you to accept/rate my reply.

Best wishes

Paul

Customer: replied 7 months ago.
Thank you Paul, The land is not to be carved up, it has always been agreed that the land that the bungalow sits on remains the property of our daughter.
Expert:  propertylawyer replied 7 months ago.

Ok

Does your daughter own title to the land on which the path and access are situated.

Customer: replied 7 months ago.
it is in joint names with her husband.
Expert:  propertylawyer replied 7 months ago.

Then you can technically regard the bungalow in your daughter's ownership as it is on her land

Customer: replied 7 months ago.
to clarify, even though we have paid for everything to do with the build of our home, our daughter and spouse, technically own it lock, stock and barrel? So our question is, what property rights do we have?
Expert:  propertylawyer replied 7 months ago.

In order to get legal title your daughter would need to split the title to the land so that you can be registered as the legal owner of the bungalow. Although you paid for it to be built you do not have legal title to the land. This means that you cannot mortgage or sell the bungalow. Your daughter would be the recognised legal owner.

propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 237
Experience: Property solicitor with expertise in commercial and residential property transactions.
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Customer: replied 7 months ago.
Thank you Paul.
You have been very helpful.

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