Registering a house

Hi everyone

I am writing on behalf of someone to ask for help with a property.

She has a 500k interst only morgage on 1 apt and 1 house (house A).

She got planning permission and built an additional house (B) on the land of House A.

1.) My primary question is, how does she get the house B registered?
Who is invloved i.e. surveyor, co. council??? How do you go about doing this?

2.) Could anyone estimate or give a very round figure on the cost of registering a house?

3.) Ideally she wants house B registered and the mortgage taken off the apt and put on house B, can this be done?

I would be so grateful for any help on the above three questions.

Thank you,
A.

Tell her to (a) talk to her solicitor who will advise in general terms on costs etc.,etc and then (b) talk to her lender to see if they will agree to remove mortgage from one property and place on another. They might not.

Her solicitor will also explain about registration of title = although if she owned the land there is no need to register it. Unless she is talking about registering with the PRTB?

mf

Thanks so much for your reply.

The solicitor said it would be very awkward and costly to go about registration of title. Is this true?

She does own the land, so does the house then exist, i.e. if it is not registered? Can she go to the bank and see if they will remove the mortgage from apt and on to house B now?

"The solicitor said it would be very awkward and costly to go about registration of title. Is this true?"

I don't know. It should'nt be unless there are horrible complications on the title?

She needs to explore that before going to the bank. Or she can just ask the bank anyway in broad terms and see what they say.

mf

Registering title should be easy, moving the mortage might be easy. They/you may have to (in paper anyway) pay off the old and get a new one. It will all cost money!. I think the solicitor just does not want to get into a messy job. BTW you need to get OSI to map the house as well, before it can be registered.

"BTW you need to get OSI to map the house as well, before it can be registered."

Not if its unregistered land.

mf

This is such helpful information thank you.

OSI to map the house, then off to register the title, then the bank.

Does she register the title with the land registry office, or the local county council?

Thank you for your help so far.

Ann,
I think things are getting confused here. Neither the Land Registry (now called the Property Registration Authority) nor the Registry of Deeds register the existance of buildings. They register the ownership of land. Your friend owns the land. She is the registered owner of the land. Therefore the second house is registered (assuming it's land reg title, on the same folio as the first house).

It is possible for your friend to separate the registration so that each house is on its own folio, but there is little point to doing this unless you want to sell the house, and I think this is why the solicitor said it would be costly & messy. Its unnecessary expense.

To be clear, the bank currently has a mortgage on both properties. Your friend gave the bank a charge over all the land. When she built the second house, she built it on land already charged to the bank.

If she now thinks the land is worth a lot more, then she can approach her existing bank and ask them to release the charge on one of the properties. Alternatively she can go to a new bank, get a mortgage sufficient to pay off the old bank, offering only one of the properties as security.

You will still have to get a map drawn up to clearly identify which property is being charged, so that you don't inadvertently mortgage both properties.

Any conveyancing solicitor will be able to help you with this.

Best of luck.

Kate.

Kate10 said:

Ann,




To be clear, the bank currently has a mortgage on both properties. Your friend gave the bank a charge over all the land. When she built the second house, she built it on land already charged to the bank..

Click to expand...

She wants to separate it so that the banks have charge over only one house. Then she wants to move her mortgage from her apt over to the other house. She was told all would have to be registered and separated.

Kate10 said:

Any conveyancing solicitor will be able to help you with this.

Best of luck.

Kate.

Click to expand...

Thanks Kate

Hi Ann,

It is not necessary to register the house separately. It is possible to charge (mortgage) part only of a folio if the property is registered in the Land Registry.

You will need to get a proper map drawn up so that the property being released or charged is clearly identiable.

Best thing is to go to a good solicitor really, because it is a little complicated.

Kate.

Thanks Kate,

That is great information for her,

Thank you,
Ann.