Hello, and this time on The Mortgage and Protection Podcast, we have Scott here from Properties to explain how splitting a land registry title works. It's great to chat with you, Scott. Thank you for joining us. Thanks for having me back. You're very welcome. Okay, well, let's get straight into the questions that we've got here then. So, of course, we'll start with this one. Quite simply, what is title splitting? So, title splitting is the process of dividing a single registered title at land registry into more than one piece. So, separate titles for those. Commonly used when you're perhaps a good example would be someone's got a very large garden and they want to build a house at the bottom of their garden and then sell it. If you didn't split the title, you'd have
two houses and one title, which means you couldn't sell it. Someone had to buy the entire title as the patch of land, basically, that it sits on. So, splitting the title creates two separate plots, which can then be sold separately or refinance separately. So, it allows you to do those sorts of things. Right, okay. Well, really clearly explained there. And actually, I think the next question you've touched on there really. So, can you split a land registry title? Can you have two names on title deeds? Yes, you can have multiple names on the deeds. And obviously, yes, you can split them by applying to land registry with the correct documentation. Probably one that's listed to help you with that process, just to make sure you get it right. To be mindful that
splitting titles can cause a stamp duty liability in some cases. Chat to your solicitor about it and just make sure you're prepared for any cost that might be incurred. Okay, so something to bear in mind there then. Let's move on to this question. So, people would like to know, how do I remove my ex-partner from the land registry? So, your need to complete a form is a transfer of equity form. Solicitors usually deal with this, for example, when you're remorgraging your home and you're putting your new partner onto the house. You add the money to transfer equity. In the case of a divorce or something, you're removing somebody. Again, you're likely remorgraging anyway to replace the existing finance deal with the ex-partner doesn't want to be liable for the mortgage. At the
same time, the solicitor will do a transfer of equity form and transfer the equity back to you. Normally, in those circumstances, you're probably buying them out of the property, but that's between you and them, but the solicitor will handle the paperwork. Right, okay. So, that explains that there then, hopefully. Now, let's follow on with the next two questions. Again, you might have touched on this a little bit earlier on, but how do you split a plot of land? How do you split jointly owned property? So, to split a plot of land, you need a plan drawn up by a surveyor, fully, just how the land is going to be split. I mean, usually it's fairly straightforward. It's a line across the middle of it somewhere, splitting left from right, top from bottom, whatever it
might be. But it needs to be done by a surveyor. Then you apply to land registry to register the new titles. If it's jointly owned, it's the same process. So, if it's, you know, Mr and Mrs, jointly owned a property and want to carve the bottom of the garden off to do a development, it's just both parties on the paperwork. It's the same process. There's nothing different there. The only difference would be, if you go back to the previous question, when you're trying to remove somebody from it at the same time, then you need to do a transfer of equity form at the same time as splitting. Otherwise, the process is the same for singles or joint. Right, okay. Well, that's good news. And there we go again. Hopefully, that's all clear there.
Again, we might be covering some similar ground here with the next few questions, but let's look at this one. So, do I need to notify the land registry? Yes. So, you have to notify them for any change in legal ownership, title structure, boundary changes. They must all be registered in the land registry. It's what makes it official, legally binding. It's what everybody else uses to verify ownership and the limitations of your plot. So... Yes, which makes sense there. So, that answers that one. And then moving on to this question, do I need new title deeds? Probably not. That's a bit of a vague question. But what I think they're getting at really is, are you kind of being... Do you receive in the post formal deeds? No, you
don't receive them like you used to. You used to get a piece of paper that was your deeds for the property that was held. It's all electronic these days, so you don't actually get a copy. But you can go onto the land registry website, download, copy of the title document and the boundaries there on there to download. I think they're at three or four pounds through each document. But if you split a title, you will receive a new title number and updated title registers for those. So, going back to the example of Mr. and Mrs splitting the garden in half to do a development. The house that you currently own, the title would stay the same. The bit you've carved off would have a new title number. And both
properties, the old and the new, would have their boundaries updated on land registry as well. So, they went into them and downloaded them afterwards. You would see that reflected. Right, okay. So, there we go. You're breaking this down really clearly, Scott. So, let's move on, continuing on the costs theme as well here. So, how much does it cost to split title deeds in the UK, just to confirm there? For a simple application, again, going back to the Mr and Mrs carving off bit of the garden, you're going to be looking at maybe a couple hundred pounds in costs. You need a surveyor, a solicitor to the paperwork. It's not a great deal of work involved. It's fairly straightforward. So, yeah, I would say a couple hundred pounds would probably cover it. If you're doing
something a bit more complex, like you've built a block of flats and you want to create lease holds for those. So, splitting the title but in the flats. Multiple to do, that could be a bit more complex. So, could range, you know, upwards of a thousand. But for most people's scenarios, a couple hundred pounds would probably cover it. Right. Okay. So, that just gives you an idea there, depending on your circumstances and what you're looking to do. So, we're getting through these questions now. Let's look at this one. So, can I sell my half of a jointly owned land or of jointly owned land? Yes, you can. The caveat being how you've structured the ownership to begin with. So, if your ownership is held as tenants in common, then you own a percentage of that plot.
So, it might be that you and your partner have 50% each or 40-60, depending on how much deposit you put in. You are free to sell your share as you like. If the property isn't got any restrictions on it legally, then you're free to sell it. Caveats would be to that that you also need to consider any outstanding finance because in the example of Mr and Mrs and Mr wants to sell his half to Joe blogs down the road, he can do that, but the mortgage will need to reflect that as well, which means you need to do a remortgage and the mortgage needs to be inclusive of the owners and likely that Mrs might not want random Joe blogs down the road who is now owns your half to be on the mortgage with her or
whatever. So, in this finance involved, it becomes a bit more complex in terms of how you structure it. But that's between the individuals purely from the legal side. Yeah, you can sell it. Right. Okay. So, some points there to be aware of as well. And with that in mind, and I believe you touched on part of this question earlier on as well, but what legal considerations do I need to make when splitting a title? Do I need a solicitor? You'll definitely want a solicitor to help you with this. The considerations really are, is it a worthwhile transaction? Because I guess it's the first point in the example of carving off the bottom of your garden for a house you're building. If you plan to sell it, then it's worth what? Because you need to carve it off to do that.
If it's very small, it's more like a granny annex and you plan to put family in there or whatever it might be at some point, carving off might not be necessary because your existing residential mortgage lender might allow it to be there anyway. So, it depends on what your ultimate purpose is. Don't just think you have to split the title just because you're putting another property on it. Mine I need to. There are instances where recently, for example, a client of mine redeveloped an old bank and it had a very, very large car park. So, he redeveloped the bank into HMO, but also built five houses in the car park and they're good size houses. Now, he asked me initially to split the title, but we didn't need to. He was keeping all the properties. He was
turning them all into by tolets. Carving the titles off didn't help him in any way other than create stamp duty liability. So, what we did is we just found a lender that was happy taking the entire plot, the entire title with all the properties on it and did a single mortgage. So, it's taken quite a great deal in costs because it wasn't necessary. So, just be very mindful of the process and your goals and it might not be required. If it is, then you do need a solicitor. Okay. So, really useful there and a great example, a great case study to go by as well. So, thank you for sharing that. Now, we have three questions left for this episode. I'm not sure how much detail you can go into with the next question, but are there any tax
implications of title splitting? You've touched on this a little bit, haven't you, and in that example as well. Yeah. I mean, ultimately, you'll need to speak to an accountant and a solicitor to ascertain exact costs for yourselves. When you split the title, there's likely to be a stamp duty liability because you're creating new value in a new title. There's value attributed to that new plot now and it might only be land, but there's still value. So, stamp duty is likely to be payable. If you are splitting a title and removing somebody to the transfer equity point we covered before, there could be capital gains tax on your share. If you're in 50% of a plot, you'll sell it and that's gone up in value over the
last 10 years or whatever it might be. You've owned it. Capital gains tax could be liable unless it's your main residence. So, those two are the primary ones to consider, but an accountant will cover off with you very, very quickly and easily what that might look like. Okay, so that's good news there, but again, some points to bear in mind when it comes to that. Let's look at this question. What are the benefits of title splitting? But Scott, do you think we should cover both the benefits and risks here? Yes, absolutely. I think it's worth covering all the basis. I mean, advantages of splitting titles can be you can increase the property value by creating individual plots. So, my previous client, for
example, had all those units on a single title. Now, in the case that he wanted to sell that, he now have five houses and one very big, I think it was in the bedroom HMO. Somebody has to buy the entire plot because it's all one title. So, the value of that is now a few million in his case. Now, it really reduces down your pool of buyers. If you need quick cash and you're trying to sell something for a few million and it's that sort of structure, saleability reduces. Less people want to buy that. So, by carving them off into little bits and if you split them into five houses and one large HMO and sold them individually as they needed to, the value of those increases because you're likely to find a buyer for one
house because it could be somebody wanting to live in it. So, your market reach increases basically, increases the value. So, that's one point to consider. Sell and refinance. So, the refinance point is if you have a small portfolio of properties, you're likely to get a better deal. But a high street lender on a single buy to let, then you would do trying to get a portfolio mortgage because if you have multiple units on the plot, it's a bit more of a bespoke product. We move down the line of lenders when you have multiple units on a plot and your cost for the mortgage month is slightly more. So, it's a cost point. I mean, it's worth doing the analysis to decide whether the cost of splitting a title is cheaper than the increased mortgage
cost because oftentimes it's not, but it's case by case. That's kind of the benefits of, so the risks are that you split the title you didn't need to. In the example of the Granny Annex scenario that I mentioned earlier, paying all that money, getting solicited to do it, paying the stamp duty liability, splitting the title and then realizing you didn't need to at all. You just bought out a bunch of money for an unnecessary transaction. So, the downside really is just doing it without the right considerations. Yes, okay. So, it's all about weighing up the pros and cons isn't it here? Okay, well just lastly then, you've demonstrated this already, but how can a mortgage broker help here? Have you got anything else you'd like to add? Any
final thoughts? Yeah, I mean we obviously can't help with the legalities of splitting a title. We can definitely help with understanding the finance costs for both scenarios. So, in the event that you do split the title, finance costs look like this. If you keep it as a single title, keep all the properties on the single title, this is what the finance looks like and giving you the cost analysis for both so you can determine whether it's something you want to explore or not. And it might be that if you plan to keep the properties as investment, it doesn't make sense to split them. There's no real intention to sell them any time soon. We can cover those off with you and work with you on a business plan as well
to make sure that the steps you're taking really do meet those end goals. Okay, brilliant. There we go. Thank you ever so much for that, Scott. Hopefully that has proved useful to anyone listening to this and I'm sure we'll catch you on another episode soon. Perfect. Thank you very much. Please note, for specialist tax advice, please refer to an accountant or tax specialist.