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Posted Fri, 06 Sep 2024 10:48:58 GMT by Dale Tattersall
If I have a house with a one bedroom annex attached to the side of it which are both on separate deeds, Can I amalgamate the two deeds if the house has a mortgage on it but the annex doesn't? 
Posted Fri, 06 Sep 2024 11:13:26 GMT by Adam Hookway
Dale - one being mortgaged and one not isn't usually a barrier to an amalgamation. But we generally refuse requests to amalgamate unless you have a very good reason for requesting it
There's no list of 'very good reasons' though and this is the generic response to an enquiry as to how to request amalgamation

An amalgamation is the joining of two or more parcels of registered or unregistered estates affecting different extents of land under a single registered title.

We do not amalgamate titles unless some positive advantage accrues to a number of prospective purchasers (such as an amalgamation of areas of land comprising a housing development), or the request does not add unnecessarily to our workload.

Amalgamation can only happen where: 

  • the estates are of the same kind [for example, freehold title] 
  • the estates are owned by the same proprietor[s] and in the same capacity [for example, if an owner holds one title as joint proprietor and another as sole proprietor, amalgamation of the two cannot take place]
  • the impact upon any encumbrances on individual titles, such as mortgages, have been accounted for  
If you wish to apply for amalgamation you will need to complete and submit:
  • Form AP1
  • a covering letter outlining the reasons for the request along with any supporting evidence [If you are being refused insurance, for example, then you should include a copy of that refusal with the application]
  • a sufficient description or plan of the land being amalgamated 
  • a fee of £40.00 [cheques/postal orders to be made payable to HM Land Registry]

To find out where to send the completed form, see Land Registry address for applications.

Your application and any supporting documentation will be considered on receipt.

Posted Fri, 06 Sep 2024 11:32:29 GMT by Dale Tattersall
Thanks for your reply. The reason for amalgamation is due to no mortgage company will mortgage the 2 properties while they are on two titles.so I am unable to sell them. The mortgage broker has tried everybody to try and get the properties mortgaged in their current state. Hopefully this will be seen as a positive advantage. 
Posted Fri, 06 Sep 2024 12:47:31 GMT by Adam Hookway
Dale - that is usually accepted as a valid reason to amalgamate so everything then depends on that being proven when the application is made and that the other requirements are met as explained
Posted Fri, 06 Sep 2024 12:47:45 GMT by Adam Hookway
HM Land Registry public guidance - GOV.UK (www.gov.uk) - have your say to help us to improve the support we provide 
 

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