One of the questions we are frequently asked by clients is “Can I split my Land Registry title?” The short answer is no, it is not that simple! HM Land Registry will not simply divide an existing title into two or more separate titles. A new title is only created where there has been a legal transaction, such as a Transfer of Part.
If a landowner wishes to separate part of their property or land from an existing title, this must be achieved through a legal transaction known as a Transfer of Part. A Transfer of Part is a deed that transfers ownership of a defined section of land out of an existing registered title. The deed will include a plan clearly identifying the land being transferred and will set out any rights, reservations, or covenants that need to be created between the retained land and the transferred land.
When might a Transfer of Part be required?
There are several situations where a Transfer of Part may be appropriate, including:
- Selling part of a garden or paddock to a neighbour
- Transferring land between family members
- Splitting off a development plot from a larger property
- Selling agricultural land in separate parcels
- Retaining part of a property whilst disposing of the remainder
What happens after a Transfer of Part has been completed?
Once the Transfer of Part has completed, an application is submitted to HM Land Registry. The transferred land will then be registered under a new title number, whilst the original title remains in place for the retained land.
Importantly, it is the registration of the Transfer of Part that results in a new title being created. Land Registry is not splitting the title independently, it is simply recording the legal transaction that has taken place to show an updated record of the new piece of land separately.
Key considerations
Before proceeding with a Transfer of Part, it is important to consider whether any rights will be required over the retained land or the transferred land. For example, rights of access, rights for services, drainage arrangements, and future maintenance obligations may all need to be documented.
Careful drafting at the outset can help avoid disputes and practical difficulties in the future.
Whether you are selling part of your garden, dividing agricultural land, or separating a development plot from a larger title, obtaining legal advice at an early stage can help ensure the transaction proceeds smoothly. If you are considering dividing land and would like to discuss the process, please don't hesitate to get in touch.