Is it possible to split a freehold title?

Is it possible to split a freehold title? Plain English translation of which equates to I own a house and it has a garden that I do not use, is it possible to officially split the house and the garden at the Land Registry?

There may be many reasons why a person would wish to split a freehold title there may be an attractive offer from a development company that may wish to develop the garden into houses, you may have brought a commercial/ residential property and wish to sell one half off, or you and a couple of partners have brought an estate and wish to each have your third officially registered in your respective names. Whatever the reason, Lawdit can help this is Lawdit’s guide to splitting a freehold title.

Under the Land Registration Rules 2003, splitting a freehold title should be possible. I say “should be” possible as the power that the 2003 Rules give to the Land Registry Registrar to split a freehold title are discretionary. This means that the right is not a mandatory one, as such it will be judged on a case by case basis. Therefore, a covering letter to the Land Registry explaining the reason behind the freehold title split would be very appropriate and recommended.

Form AP1 should be used, this is an application to change the register, this form can be complex and as such it is recommended that a licensed conveyancer or solicitor do the work on your behalf. The AP1 form should be accompanied with Land Registry compliant plans of the proposed split, for example this may be the house and garden split into Land Registry compliant plans.

It should be noted, however, it is not possible to grant or reserve any easements that may be required by each of the newly divided areas. A plain English translation of this would be something along the lines of, rights of way or other requirements that may be needed or required by the newly divided areas can only be registered at the Land Registry on sale to the third party.

However, if the split has been accepted by the Registrar at the Land Registry, congratulations your freehold title has now been split. As such, it will be possible to sell or transfer the new title possibly receiving the aforementioned attractive offer.

If you require any advice in relation to splitting a freehold title, buying or selling a residential house or commercial property please do not hesitate to get in contact with Lawdit.Â

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