McHale & Co. Solicitors Blog

How and Why We Merge Titles on Property Transactions

When we are instructed on any property transaction, one of the first things that we do is investigate the title to that property. When you purchase a property, what you are purchasing, in legal terms, is the title. Our investigations include determining whether the title to the property is freehold or leasehold. Many people assume that leasehold title relates only to flats or apartments, however this is not the case. Often we find that a property is in fact leasehold, which normally means that it is subject to a lease and within that lease there may be additional rights, responsibilities or obligations which the purchaser must consider, before proceeding.

Buyers tend to prefer to own the freehold title, mainly in an effort to avoid any restrictive covenants or additional obligations, which may be contained within any lease. Often, the buyer will be purchasing both the freehold and leasehold titles to a property. This means that the property is subject to two titles. However, it is possible to merge both of these titles into one.

We often merge titles in property transactions, where there are two, by applying to the Land Registry and providing evidence of the owner's entitlement to both titles. When a title is merged in this way, it will automatically bring any lease that the property is subject to an end. In this way the freehold title is no longer subject to any covenants contained within the lease.

For example, there are often rights of access that are granted within the lease which the owner of the property may want to register over the newly formed freehold title. These rights can be recorded onto the new freehold title by including them within the initial application to merge.

If you wish to contact us to discuss any issues or queries that you may have concerning your property or would like a quote for us acting on your behalf if you are buying/selling a house then please feel free to contact our property team on 0161 928 3848.

Categories: Conveyancing

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