Title Splits

Need to split a Title?

We have considerable experience of splitting freehold and leasehold titles. Examples of when this might be necessary would be if you have built a second property in your garden and need to sell or mortgage it, or if you have bought some land and wish to build a number of new houses on it. This is a specialist area where we have developed the knowledge and expertise. Most conveyancers only encounter such scenarios occasionally, need thinking time as a consequence and also need to remind themselves what steps to follow. The law is complex and there are pitfalls to avoid. We deal with such cases on a day to day basis and will guide you through the process.

We can take care of the legal elements to the transfer for you. It is worth noting that if you have a mortgage secured against your property your lender will need to consent.  Your lender may or may not require a payment to reduce the mortgage debt before it gives such consent dependent on the value of what would remain under its charge. We can request this for you. 

If you are selling the title split may be effected as part of the sale process.

I need help so what should I do?

Start by giving us a call on 0800 103 2600 or complete an enquiry form and we will call you back. 

Our expert property team will be able to guide you through the entire process but here are some of the questions we get asked a lot:

• How do I split my freehold house from the new dwelling I have built in my garden?

  This is usually dealt with by a Deed of Transfer of Part. The Deed would contain any provisions that you require and would create and reserve the necessary rights of way and services etc.

  Generally speaking, most properties are registered at the Land Registry under one title number. If you have two dwellings within one number you might wish to separate them so that each has its own number. You can then deal with each of them independently. The Land Registry will create a new title under a new title number in respect of the property transferred out.

• Plans

  You will need Land Registry compliant plans. We will give you guidance notes that you can pass to your plan provider.

• What will it cost?

  Every case is different as you can well imagine but once we know exactly what you wish to do we will give you the most accurate estimate of costs that we feel we can.

• How long will it take?

  Every case is different as you can well imagine but once we know exactly what you wish to do we will give you the most accurate estimate of timescale that we feel we can. We have standard templates that we start with and use to create bespoke documentation for you so we can act quickly. Please be aware that once the documentation is completed it has to be registered at the Land Registry and they have a significant backlog of cases involving skill. They will consider expediting an application if there is evidence of the delay obstructing a financial transaction. If you are contemporaneously taking out a new mortgage or selling then it may be possible to submit the registration once that financial transaction completes. which will avoid delay waiting for a registration.

• Will Russell & Russell provide a written fee estimate for my title split?

  We always provide a written estimate at the outset of a transaction based on the information provided to us at that time, so that you know where you stand and to ensure that there's no misunderstanding between us at a later time. 

  In the case of residential transactions, we are usually able to offer a fixed fee for our time. We will quote a fixed fee for the work normally undertaken in a standard case and will provide you with a list of additional fixed fees that we would charge if you require additional work to be undertaken. 

  We will always honour the fixed fee quoted unless the information relied upon by us at the time of the estimate was incorrect or it subsequently becomes apparent that there's an aspect of the transaction that will significantly affect the amount of time that has to be spent by us – in either case we will notify you of any such development before we proceed further. For a free quote and breakdown of related disbursements known at this time, please use our quote enquiry form.

  In addition to receiving instructions direct from clients, we also work alongside brokers, referrers and property agents who refer clients to us. If we have agreed to pay to them a referral fee for recommending us to act for you then we will disclose the amount to you and we will pay the amount involved to the referrer out of our fee.

• Does my location, or that of the property, matter?

  No, your location is irrelevant – we can act for you whether or not you are local to our offices. Verification of identity can be dealt with electronically and you can on-board (instruct us) by completing documents on our Portal. If face to face is needed we also have the facility to use Zoom and/or Teams video conferencing if you cannot get to one of our offices. 

  The location of the property you are dealing with is also irrelevant as the same principles apply to properties across all of England and Wales.

• Will I have a direct contact number and email for my conveyancer?

  Yes, we will let you know the name and direct contact details of the person who is primarily dealing with your case when you become our client. That person will have support and also a Supervisor. This work is often Solicitor led or supervised due to the required level of expertise.

• What happens if I need to speak to someone out of normal office hours or at a weekend?

  We operate an out of hours, seven days a week service so you can speak to us in the evening or at weekend if you need to. The number to call is 07884 067 920.

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