Ian - Merger can occur where a leasehold estate in land, together with the reversionary estate, come into the ownership of the same person and are held in the same capacity.
There must also be a clear intention to merge the estates.
Any mortgage on the leasehold title must be discharged.
The lease is absorbed by the reversionary estate and thus determined. For details of the various situations that may be encountered, the treatment of beneficial easements affecting the leasehold estate and how to make your applications against any affected titles, please see Determination: on merger.
You also need to take appropriate action in respect of the Points to consider on all applications, which sets out:
- what forms you should complete in respect of each affected title
- the documents you need to send
- how to act if either the lease being determined or its reversionary title are unregistered
- fees payable
- how to deal with any incumbrances affecting the determined lease
One of the key reasons why merger is not always requested is because the lease includes rights that would be lost if it was 'determined' (closed)
Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to
consider the benefits of using a conveyancer.
