How to Split Title Deeds and Self-Build in my Garden

21 February 2018
by Trudy Avis

I went to a solicitor to ask about splitting the title deeds of my current house to do a self-build in the garden of my current property.

I was told that I can only split if there is a change of ownership. I want to finance the new build by using a mortgage on my current property, and lenders say the title must be split for me to borrow. I'm very confused!

I would appreciate a straightforward answer please.

2 Answers

  1. Rachel Pyne says:

    Under normal circumstances the Solicitor is right. What happens when you are selling a piece of land is that that particular piece gets removed from your title and registered with a separate number.

    When you are retaining all parts what you can’t (normally) do is split the land and have both bits registered in your name. However it is really easy to resolve by splitting the title and at the same time transfer either the plot, or your current main residence into the name of you and a 3rd party such as your wife/partner/husband/family member, or if it’s in joint names now then vice versa.

    If this is absolutely not possible, due to no third parties or no one being able to be removed from either the existing title or new title, then your Solicitor needs to speak with the Land Registry as they will consider applications to do what you want to do to as the circumstances demand it.

    – Rachel Pyne, BuildStore

  2. Alan Jackson says:

    Is there any cost to this, stamp duty solicitors fees etc.?

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