Thanks for your question. What is the main reason for wishing to split the title for the land please? (eg perhaps you are considering remortgaging?)
Is there a mortgage on the property?
Is there a mortgage on the deed?
Thanks for your question. I will try to help.
Unfortunately, splitting the title is not something that you can insist Land Registry does unless the property is changing ownership of if you are mortgaging house separately to the cottage (vice versa).
A remortgage or a transfer of the cottage would create a transaction for land registry purposes and they would then be obliged to split the title in to two separate titles.
However, if both the cottage and the house are remaining in the same ownership without a mortgage being granted on one then it’s entirely discretionary as to whether or not the land registry split the title and most of the time they will not unless there are exceptional circumstances.
If, for example, you wanted the titles to reflect the fact that they are different self-contained property for the purpose of “tidying up” then Land registry would alsmot certainly not split the title because you are not prejudiced by the title remaining as it is (ie. it does not affect your ability to deal with the properties)
In the circumstances, it’s highly likely that land registry would split the land in to two titles before the sale.
However, if you are selling the property then all you need to do for the moment is to instruct your solicitor in the sale. They will prepare the transfer deed (called a TP1) transferring the cottage to the buyer for the buyer’s solicitors approval and get you to sign the plans for the cottage that you are selling. When the sale completes the buyer’s solicitors will apply to land registry with the TP1 form in order to register the ownership of it in their clients name. Land Registry will then split the land with you remaining on the title for the property and the buyer becoming the owner of the cottage under a separate land registry title number.
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