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Splitting titles

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  • Splitting titles

    We have a client who is the freehold owner of several residential units together with a block of farm land and a range of farm buildings all of which are registered under a single freehold title number.
    They wish to mortgage a couple of the residential units but not the whole of the freehold title number.
    This has been agreed in principal with a high street lender (residential not commercial) but one of the requirements is that the properties each have a stand alone title number.
    The lender will not accept any variation to their standard security documentation and therefore we are unable to charge part of the title number and amend the mortgage deed to detail any easements that would be required if the mortgagee were to enforce their power of sale. Nor will the lender accept a charge over the whole.
    Is there any way that the registered proprietor of the title number can hive it down in to several smaller titles whilst granting and reserving the necessary easements for the enjoyment of each of title number?
    Tags: None

  • #2
    Yes, of course it can be done. Just think of all those lovely new houses built on larger plots of land and then sold off individually, each with its own separate title.

    Your client needs to engage a specialist property law solicitor.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      It needs doing and doing well. It is not very difficult, but will need thinking through. HMLR will have no objection. The lender's requests are perfectly reasonable, and the end result will benefit the land owner as each bit comes to be sold in due course.

      Comment

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