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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24551
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is it a long-winded or complex process to legally divide a

Resolved Question:

Is it a long-winded or complex process to legally divide a detached house into a semi-detached house (there are no physical problems, just bricking up a doorway) - how long would this process be expected to take with the Land Registry etc? Thanks, Rob
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Would you be selling the divided properties please?

Customer:

I am a potential purchaser of a property that is currently a detached unit (in practice a 3 bed house with an annexe converted from a garage). Planning permission has been granted to allow the seller to make the split. No physical work has been done, and I am trying to work out how long it would likely take them to get this through the Land Registry system.

Joshua :

thank you. I cannot see there is any issue with the land Registry and you would not need to concern yourself with the land Registry until such time as you come to sell one or both of the converted properties. for now, if you decide to proceed, you would sit by the entire property and would be registered as the owner of one single property. if and when then you subsequently decide to sell one or both of the converted properties, upon selling the first the converted properties, use of the transfer part of the title according to a plan prepared either by your solicitor and or architect. he would then end up with owning the remaining converted unit with somebody else owning the newly created title.

Joshua :

it is is actively same process that a large developer he develops for example many houses on an estate carries out. He buys the land owning the land under one title and as he gradually sells off the newly built houses, he simply carves out each new title as he sells them from the title to the land he owns.

Joshua :

Sorry there is a typo above, "Actively" should read "Exactly the" - apologies

Customer:

I'm not sure that you've 100% understood my situation. The property I am looking at is logged on the Land Registry website but has no 'price paid' data, so not sure if it has been registered in the modern manner or not. Either way I am only looking to buy one property (not both), so are you saying that the two sets of solicitors would simply create new title deeds for the property I would be buying?

Joshua :

May I clarify, is it the seller that is converting the building to two units and you are wanting to just buy one of the converted semi detached units? Or is it you that wants to buy the whole building and convert the property yourself into two units?

Customer:

Sorry - I thought we were at cross-purposes! Let me clarify: I have visited a property today which was shown to me by an estate agent. The property had previously been marketed as one unit but was not sold. The agents have persuaded the seller to sell the main house and the annexe as two separate properties, but I don't think the seller (an elderly lady on her own) has fully been appraised of the practical things she will need to do before either property can be sold. I am asking in essence: what legal steps will need to be taken to allow me to buy the main house, and will these steps add much extra time to the ordinary process of conveyancing? Thanks.

Joshua :

Thank you - sorry I had understood that you wish to buy the entire property and convert it yourself. on the basis I now understand, the lady that is selling the property will need to complete the building works required to separate the property from the other you refer to and obtain a building regulations completion certificate from the council to certify that the works are complete and comply with building regulations. she will need to give that certificate to your solicitor ideally prior to exchange of contracts or failing which prior to completion.

Customer:

OK, thanks for this - so when my solicitor (if we get that far) gets the certificate does he then just register the property with the Land Registry in the normal manner? Or does the seller have to do this? Sorry to keep harping on this point, but I appreciate your help!

Joshua :

she will also need to prepare a plan showing the extent of property she intends to sell to you and you will need to approve that plan. that plan will be attached to a transfer deed which she will sign which transfers the area shown on the plan to you as buyer. that transfer will then be sent to the land Registry after completion to register your new title in the land Registry will use the above plan to create a new title number with you as the proprietor. The lady will still own what remains of her original title, but the land that has been transferred to you under the above transfer will be removed from her original title and will instead belong to you.

Joshua :

your solicitor will take care of the above legal steps and register your new title for you after completion. The plan and transfer deed however will be agreed between you and the seller by your solicitor before you exchange contracts so that you know exactly what you are buying and the various conditions under which you were buying it

Joshua :

Is there anything above I can clarify for you?

Customer:

No you've been brilliant, many thanks

Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24551
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other UK Property Law Specialists are ready to help you

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