Q&As

What is the process for transferring part of a large property where a property was converted into five separate and independent houses (self-contained). The transferor lives in one of the houses with his wife and his son lives in another. The five houses are under one title number. The transferor owns all five houses (no mortgage). What is the process to transfer one of the houses (the one he lives in) as a gift to his son?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 05/05/2017

The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • What is the process for transferring part of a large property where a property was converted into five separate and independent houses (self-contained). The transferor lives in one of the houses with his wife and his son lives in another. The five houses are under one title number. The transferor owns all five houses (no mortgage). What is the process to transfer one of the houses (the one he lives in) as a gift to his son?

This Q&A states that a large property has been transferred into five separate houses each of which is self-contained. A house is vertically divided from its neighbour whereas a flat is horizontally divided from the one above and/or below.

A transfer of a house can be dealt with in one of two ways:

  1. the grant of a long lease, to be submitted for registration in the normal way, or

  2. the transfer of the freehold interest

As the transaction is to proceed by way of gift it is less likely that a grant of a leasehold interest is intended and so this option is not explored further in this response.

As the freehold interest in the entire property is registered, any transaction to dispose of a single house will proceed by way of a transfer of part effected on form TP1. As with any transfer of part, the plan to be attached to the TP1 showing the land to be transferred must be carefully drawn to avoid any potential boundary disputes in the future.

For more guidance on plans and boundaries, see Practice Notes: Land

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