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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I wish to split the deed of my property. Consists of main

Resolved Question:

I wish to split the deed of my property. Consists of main house, and separate cottage with own entrance, utilities etc. Can be easily physically divided so just need to have separate deed for cottage. Wishing to sell cottage. can this be easily done? one other thing which may or may not be a problem, the main house is grade II listed. The whole is approx 3 acres and the cottage is not visible from the main house.
Submitted: 11 months ago.
Category: Property Law
Expert:  Thomas replied 11 months ago.

Hi,

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?

Kind regards,

Tom

Customer: replied 11 months ago.
As i said, I wish to sell the cottage. there is no mortgage.
Customer: replied 11 months ago.
The cottage already has a separate address, and has permission for full residential use. It just happens to be on the same deed as the main house as it used to be stables for the house.
Expert:  Thomas replied 11 months ago.

Thanks.

Is there a mortgage on the deed?

Customer: replied 11 months ago.
No
Customer: replied 11 months ago.
are you still there Thomas?
Expert:  Thomas replied 11 months ago.

Hi

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.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 11 months ago.
Thanks Tom.
Expert:  Thomas replied 11 months ago.

Thanks. Please could remember to leave feedback using the stars at the top of the page..

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