Selling Part of Your Property

Selling Part of Your Property

---

Overview

The owners of large properties often decide to sell part of their garden in order to erect another property thereon, either for their own use or to sell. Once planning consent is obtained an application should be made to the Land Registry to separate the new property to be sold.

---

Two Title Registers

A chartered surveyor will be instructed to prepare a detailed plan showing the land to be removed from the current Register. Your solicitor will apply for the new Registration and the Land Registry will use the surveyor’s plan to create the new Title Plan. They will also create a new Title Register for the new property, allocate to it a unique Title Number, and remove it from the current Title Register.

The current Title Register will contain a statement in its A section to the effect that the land shown and edged green in the Title Plan has been removed, and that a new Title Number has been allocated for it. The new Title Number will also appear in the current Title Plan, in green print, alongside the green edging.

---

Restrictive Covenants and Easements

Your surveyor will obtain details from you and from his survey sufficient to ascertain the proposed positioning of access roads, water and drainage pipes, cabling, and other rights of way, of access and of light. This information will aid the Land Registry in adding Restrictive Covenants and Easements to both Title Registers and Title Plans so that there are no issues for either party once the property is sold.

---

Obtaining Copies of the Title Register and Title Plan

You will need to obtain a copy of the Title Register and Title Plan for your surveyor and also for your solicitor so that they can each prepare the necessary documents.

Following registration a prudent step would be to obtain copies of the re-registered Title Registers and Title Plans for each property, to ensure that the entries made reflect what you intended. Your solicitors should be asked to arrange for any errors to be rectified by the Land Registry prior to sale.

Order a copy of your Title Register and Title Plan