Title Split Solicitors

The process of ‘splitting’ a title involves dividing a single interest in land into multiple interests, each with its own set of rights, interests and obligations. Whether you’re interested in splitting the title on a property for investment reasons or to calve away ownership of a mortgaged property, it's crucial to seek legal support to understand the implications of any decisions you make.

The team of title split solicitors at JMW has a wealth of experience in advising many property investors, landlords and homeowners on dividing an existing title or seeking new titles for a range of purposes. JMW’s expertise in splitting a title and related legal fields means that we can offer comprehensive services to create a hassle-free process and an investment well made.

Contact our title splitting solicitors today for legal support, and learn how we can make any title splitting project as smooth and stress-free as possible. Call JMW on 0345 872 6666, or fill out our online enquiry form and we will contact you as soon as we can.

How JMW Can Help

JMW brings decades of specialised experience in title splitting property and other related real estate matters.

We begin with an initial consultation with you, where we assess the viability of splitting the title on your property. This is followed by a thorough feasibility study to examine the cost of splitting title deeds and the associated legal requirements.

We then prepare the legal documents necessary to effect the title split and liaise with relevant parties, such as your lender, to ensure all requirements are met to achieve a successful title split.

JMW's commitment to your successful property venture doesn’t end with the completion of the title-splitting process. We offer ongoing legal support aimed at ensuring your property continues to be a financially rewarding investment after its division into multiple titles.

Meet Our Team

JMW’s title split solicitors provide expert guidance and support for investors seeking to split an existing property title or create new leasehold titles from an existing freehold title. Our track record of success demonstrates that we can make the entire process as straightforward as possible and help you to maximise the value of your property investment.

What Legal Considerations Do I Need to Make When Splitting a Title?

There is a strict legal process involved when creating new titles, and it must be followed carefully. When creating a new title:

• You cannot grant any new interest in land to yourself, but instead must grant it to another person or entity. You will therefore need to think about who you would grant the interest to;
• There are tax implications that arise on a title split and careful thought needs to be given to ensuring you are aware of these when implementing the title split structure.

JMW's title split solicitors can advise you on:

• How you can retain control of the interest you create within the ambit of the legislation;
• The tax implications of granting another person or entity an interest in land; and
• The value of the transaction and the implications if it is deemed a transaction at an undervalue.

We can help guide you in addressing these considerations and provide a legal structure for the transaction that meets your objectives. There are also financial considerations such as mortgage lender consent fees that may need to be taken into consideration when structuring a title-splitting project, and we can support you to account for everything in order to maximise the return on your investment.

How Do I Split the Deeds on My Property?

The process of “splitting” existing title deeds involves a formal transfer of a part or a leasehold subdivision of your property that is registered with HM Land Registry. The process differs slightly depending on whether the land is already registered and what you are trying to achieve, but many of the steps outlined below will need to be covered in either case:

1. Check that the property is registered and review this by confirming the current title.
2. Prepare a plan that complies with Land Registry requirements. This must show:
3. - Precise measurements.
4. - Defined boundaries.
5. - Access routes and rights, if any.

This plan will become the new title plan for the separated piece of land or unit. 

1. Have a solicitor prepare the legal transfer or leasehold documents to achieve the title split. This involves allocating rights of access, drainage, services, and any covenants, and handling Stamp Duty Land Tax (SDLT) requirements.
2. If the property has a mortgage, you must obtain the lender’s formal consent before any subdivision. They may require a valuation and will often insist that their charge is properly protected across all resulting titles. 
3. Your solicitor will submit the relevant application forms to HM Land Registry, with the new plan and any supporting consents or documents.
4. HM Land Registry will create a new title number for the split-off part and update the original title to reflect the change. You will then receive updated title registers for both the retained land and the newly created title.

The team at JMW is experienced in working with property investors and liaising with HM Land Registry to prepare accurate, compliant applications and maximise our clients' chance of success in the most efficient manner possible.

Q

Are there any tax implications of title splitting?

A

When title splitting, you must consider two types of tax: capital gains tax and Stamp Duty Land Tax (SDLT). 

Capital gains tax may apply when you sell a property or a portion of it after the title has split. The tax rate depends on several factors, such as the time you have owned the property and its appreciated value. 

SDLT could also be applicable. Our legal team can give an overview of the SDLT implications of the title split to ensure you fully understand the position. This in turn will allow you to seek appropriate advice from your tax advisor based on the structure we will have outlined to you.

Q

Do I need to notify the Land Registry?

A

A vital stage in the splitting of titles involves the registration of the new interests created at the Land Registry. For each transaction that creates a new title, this must be appropriately registered with the Land Registry. Our team would make the relevant Land Registry applications on your behalf as part of the process.

Q

How much does it cost to split title deeds?

A

There are several costs involved in splitting titles, including everything from legal fees for conveyancing to application fees for the Land Registry and any tax liabilities. At JMW, we can help you to structure a deal in the most efficient way possible and will advise you of the likely costs before the legal process begins.

Q

Do I need new title deeds?

A

Title deeds are the legal documents that prove ownership of a property. In the process of title splitting, new title deeds will be created for each newly created title. This is a key part of JMW's role in structuring the transaction to give a good and marketable title to the newly created interest(s).

Q

How long does it take to split title deeds?

A

The process of splitting titles can take up to a few months, and depends on various factors, including:

• The time it takes for your professional team to create an HM Land Registry-compliant plan;
• How quickly your mortgage lender approves the process and issues relevant mortgage documents in line with the title split structure;
• Any delays in the Land Registry's approval process – both in approving the Plans to the new titles and the outset, and in processing the registration of the new titles.