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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MarianC Your Own Question
MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 573
Experience:  Expert
109551472
Type Your Law Question Here...
MarianC is online now

My Gran has a very large property that currently already has

This answer was rated:

Hi there, my Gran has a very large property that currently already has a converted 2 bed detached bungalow in her garden and has been granted permission also to convert the detached car port into a 1 bed annex. However, I want to know if it’s possible to split part of my grandmother’s land.... separating the 1 bed annex ‘car port) and a patch of unused Land so that it can be sold as a separate property (but would have to share access with the main house) can you tell me if this is possible
JA: What steps has your grandmother taken so far? Has she prepared or filed any paperwork?
Customer: She already has a completed and approved planning application for the 1 bed dwelling
JA: Where is the bungalow located?
Customer: just to the rear of the house and the car port is to the rear of that again
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That is all thank you

Good morning

I hope you are well.

It is definitely possible to split the title. Usually this is done when the property is sold so will be a transfer of part.

It will be difficult to split it before the property is sold because you will need to grant easements (rights of access etc) over the retained property for access and services etc and you cannot grant these easements to yourself.

I hope this helps but am happy to answer further questions if you have any.

Kind regards

Customer: replied 5 days ago.
Thanks for your response, however my grandmother’s property is not going to be sold, so we were hoping to purchase the 1 bed car port with a patch of land off her whilst she still owns the rest of the house etc

Hi

It is still possible for you to purchase part of the property while she owns the rest of the house.

The difficulty will only arise if your Gran was trying to split the title herself and both parts being in her ownership.

But if you or a third party were to purchase it, it is absolutely fine and definitely possible.

Kind regards

Customer: replied 5 days ago.
Amazing thank you - can you inform me on how I would go about doing that?

No problem.

A TP1 (transfer of part) would need to be drafted with a plan of the area you are purchasing. The transfer would need to include rights of access over your grandmother's house to the part that you are purchasing. It is advisable for both you and your grandmother to have solicitors representing you so the transfer is drafted properly.

Once the purchase has completed, the transfer would be sent to Land Registry and a new title number for the land you are purchasing would be created.

Hope this helps.

Kind regards

Customer: replied 5 days ago.
Great, thank you so much.
So there is only one access point which is one very long drive that stretches from the main house, down past the 2 bed detached bungalow, all the way to the proposed dwelling and the extra land...would that make it more difficult if it was to be a shared access?

The size of the driveway/access point does not matter. As long as there are sufficient rights of way for the proposed dwelling (this will be dealt with in the transfer) then this should not make anything more difficult.

Customer: replied 5 days ago.
Do you not have to apply for shared access for 2 properties? Or is that just something that is stated in the deeds/ transfer ?

No you will not have to apply for it, it will be dealt with in the transfer :)

Customer: replied 5 days ago.
Amazing thank you.
Is a TP1 the same as an AP1 ?

No, the TP1 is the transfer which deals with the sale/transfer of the land.

The AP1 is the application form.

Both forms will need to be sent to Land Registry.

Customer: replied 5 days ago.
Great! If I need to speak with you again, can I just keep replying on here?

Yes, that's fine, I will keep the question open.

I would be grateful if you could rate my response in the meantime so i am credited with assisting you. It will not close the question.

Kind regards

Customer: replied 5 days ago.
absolutely!! Thank you so much for your help.
Customer: replied 5 days ago.
Sorry one last thing... am I able to download this chat so I can refer back to it?

I'm not entirely sure to be honest.

You may be able to copy and paste it but I do not know if there is a way you can export it. Sorry!

MarianC and other Law Specialists are ready to help you
Customer: replied 5 days ago.
No problem, thanks again!

no problem :)