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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10736
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I've got a scenario where I own a large detached house and

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I've got a scenario where I own a large detached house and have built a second house on the grounds (with full planning permission) but now am looking at sub-dividing the title into 2 x freeholds so I can raise mortgages on both. I've been told that I cannot be both the transferror and the transferee on the sub-division. Is this correct or should we be looking for another solicitor?

Hi, I'm afraid your Solicitor is quite correct- you can't do any formal Transfer if you are both the Transferor and Transferee. ( a formal Transfer will be required so that the new build gets granted the adequate rights in respect of services/any right of way over the original dwelling's land if appropriate). I'm not sure if the property is in joint names, but if it is, the only thing you can do is for both of you to transfer the new build into just one party's name. I hope this assists and confirms the legal position to you. Kind Regards Al

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Customer: replied 1 year ago.
My understanding was that land registry had the discretionary power to divide a registered title, and was generally not obstructive to doing so. Assuming there is a legitimate reason (i.e. a new dwelling), should it not be a situation that they would be able to sub-divide the current title?