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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10774
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a main house that has to be sold November 2017. There

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I have a main house that has to be sold November 2017. There is a separate small garage with a flat above which has utilities (but that are not independent from the main house) is it possible to separate the deeds to keep the garage/flat when I have to sell the main house within the time frame?
Customer: replied 2 years ago.
Also what do I have to do and what would be the cost of doing it.
Hi,Thanks for your enquiry.2 main points you need to check before proceeding-1. I doubt very much there will be a problem, but you do need to check your Deeds to see if there is nothing prohibiting you from selling only the main house as opposed to the whole of the land.2. I'm not 100% clear on the history of the land (ie is the Flat already classed as a separate dwelling for Planning and Council tax purposes) but if it is not, you would need to make the appropriate applications, before you sell the main house. Subject to the above, and provided you can re-arrange separate utilities, the process is pretty easy. All you would need to do is to obtain a Land Registry compliant Plan of the land you are selling off, which an Architect can do for you.When you come to sell the main house, your Solicitor will then attach the Plan to the Contract and confirm to the Buyers Solicitors that it is a "sale of part".You will also need to discuss with your Solicitor what rights need to be reserved for the Flat (ie you may need to reserve a right of way over any driveway belonging to the main house/you may need to reserve a right to use any water/sewer pipes on the land belonging to the main house).The Architect's Plan is likely to cost approx. £200-300 and your Solicitor is likely to charge a couple of hundred ponds more than he would normally charge if it was a sale of whole.One other point you may need to look into- if you have a Mortgage over the whole of the land, you will need to speak to your Mortgage Lender if you were not going to pay off the whole Mortgage amount from the proceeds of sale of the main house (if you were for example only going to pay off say 75% of the Mortgage, you would need their consent to remove their Charge over the main house and that the new Charge would then just cover the Flat and Garage).I hope this assists and sets out the legal position.Kind RegardsAl
Customer: replied 2 years ago.
Thanks for your response. Is there a legal limit on classing the small property as a seperate dwelling (as we have a view to extend after the sale of the house) as in I was informed it was under the required square footage. Or is that irrelevant? Also I have also been advised that the utilities need to be separated for 4 years before the sale of the main property, is there anything in that? Thanks for any clarification you can bring me. Anne
Hi Anne,I am not a Planning officer, but on the legal side of things, the size of the flat/garage is irrelevant.As regards ***** ***** as long as they are separate by the time you sell the main house, that is all you have to worry about- you certainly don't have to prove to any Buyer that there has been separate utilities for 4 years when you come to sell.(The only 4 year rule I know of relates to planning legislation- in that if a person changes the use of a building without planning permission and 4 years elapses, the Council are then barred from taking any legal action).I hope this helps.Kind RegardsAl
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Customer: replied 2 years ago.
Very helpful, thank you Al