Transferring titles equity and combining titles

Dear Sir/Madam,

My wife and I are both British, we jointly own 2 adjacent semi commercial properties (ground floor shop, first floor flat that kind mix used property, and we may name them property A, and property B ).
First: 
My wife likes to gift her shares of properties A and B to me, to make me the sole owner of the 2 properties, for the ease of applying for refinance loan against the 2 properties. if this possible,

Second:
We like to combine the 2 properties titles into one new title, or merger one to another. if you may view the following, to see if its possible. 
The 2 semi commercial properties are sharing a common entrance and stair to first floor flats. and the entrance and stair was built decades ago on land belongs to property A , if the 2 titles are to be combined, it could be beneficial to residences of flats of both properties, regarding right of way, and ease of mortgage application, building management, insurance and so on. 

I am not sure if my above case fits the HM Land registry guidance of the following:
"to help show a right of way that benefits land registered under several titles, but abuts only one of them "

by the way , the 2 semi commercial properties are similar in layout and  same lease hold tenure of 999 years from year 18xx, only property B has a charge of 10 years lease as barber shop agreement signed in year 2010, which was expired, and new barber owner is currently running the shop, and was into 3rd year of a 5 year lease.
 
if the above are both possible and acceptable, then what steps we need to follow to do it if we may like do it ourselves, to save a few quid on solicitors fee. or we have to do it through a solicitor. please let us know.

Thank you so much!
Tony

Tony - it is possible for joint owners to 'gift' shares but the legal ownership must always be transferred as a whole. For example if you and your wife are joint owners such a gift would be a transfer of whole from the two of you to just you - Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK 
Merger is where a lease is determined and merged into it's superior title/tenure. Amalgamation is where adjoining registered titles are amalgamated into a single title for example. Two very different things
From the details you have shared it would seem that you are either trying to determine and merge one or all of the leases OR trying to vary them to make access etc easier for all
Our PG 26 can help with the former but I would strongly recommend that you seek legal advice/assistance to clarify what it is you want to achieve, how to do that and what impact that may have on the registered titles including your wife's shares and your own ownership 
Practice guide 26: leases – determination - GOV.UK

Hi Adam,
thanks for your prompt reply.

It is Amalgamation we are trying to achieve. i.e. for property A and B, to have just one single title. and Im not so sure if my case fitting into the HM Land registry following guidance 
" to help show a right of way that benefits land registered under several titles, but abuts only one of them "

Many thanks
Tony

Hi Tony - any request for amalgamation has to explain why it is being asked for/deemed necessary. From our perspective it's not as multiple titles can be dealt with just the same as a single title. 
The quote you are including is a very specific example but isn't the sole criteria, especially if no such rights exit in your example.

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]

Hello 

I would like some help my partner and I have separated this is a mural and agreed separation we not starting divorce proceedings yet and have agreed I will buy him out of the property we have a joint mortgage on, we have drafted our own deed of separation as we do not want the expense of solicitors , I have reaserched if we need a legal document for the land registry in order to transfer equity and it says you do not need it to be legal if both parties are in agreement can I buy my partner out without a court order  ? 

Hello. To legally transfer ownership, you must complete a Transfer of Equity process using the correct Land Registry forms (usually TR1 and AP1) and comply with registration requirements. You are correct that a court order would not necessarily be required.  However, be mindful, there may be a restriction(s) on your title which would prevent the registration of the Transfer without the consent of your mortgage company. Our guidance on GOV.UK (Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK) gives more information about the process but there is a lot involved and you may want to consider seeking independent legal advice, for example, from a solicitor such as a conveyancer, or from Citizen's Advice, if you are unsure how to proceed.

hi, 
Regarding the original thread question. If the 2 adjacent properties titles I am trying to amalgamate, are both leasehold titles with 999 years from year1876. do i need to have approval of freeholder first, then apply to HM land registry for titles amalgamation?
Thank you

Hi. Whether approval from the freeholder would be required very much depends on the terms of the leases. Also, amalgamation of leasehold titles often involves surrendering existing leases and granting a new combined lease, when the freeholder’s consent would generally be essential.

Hi ,
thank you for your replay.
The property concerned are 27 & 29 Golden Hill Lane, Leyland, PR25 3NP. if you wouldnt mind to let me know the following enquiries.
1. there is no freeholder registered information on HM land registry website for the above 2 properties. As far as i know that nobody has been collecting any ground rent whatsoever.  please advice what we should do.
2 .property no.27 has 2 leasehold titles on HM land registry website, not sure what they are. and why is that.
please let me know. much appreciated.
Hanmin

Hi

You're welcome. 

Re 1) Yes, the freehold is not registered with us so we won't hold any information on the freeholder. The original freeholder will have almost certainly changed given the time elapsed and possibly the freehold estate has vested in the Crown under bona vacantia rules. You may want to consider consulting the Leasehold Advisory service as to next steps: Home - The Leasehold Advisory Service . They can't advise on commercial properties but as yours is partly residential that may be permissable.

2) Yes, re 27 LA638966 is your title. There is also a 'sub' lease registered. It's a lease dated 20.12.2011 for 10 years from 4.7.2010 to a third party registered under title LAN125109. Lease would remain on the register until we receive an application to close the leasehold title and cancel the notice of lease on the your superior title.

I hope this is helpful.                                                   

hi,
thank you for your reply. may i please bother you with the following: 

1. to delete the sub lease registered on title  LA638966, would you kindly advice what we need to do if we like to do it online ourselves, by the way the lease was expired, and a fresh 5 year lease was singed in 2022.
2. me and my wife jointly own, without mortgage, the property titled  LA638966 and LA652897, my wife is thinking to gift her shares of both properties to me, doing it by ourselves, may i ask,  are the LA638966 and LA652897 properties eligible for online digital service application ?
Kind regards
 

Hi.

You're welcome.

1) Citizen customers would have to make an application by post - To close a registered lease title on determination (and cancel the notice of the lease against your title), you will need an application in form AP1 - Change the register (AP1) - GOV.UK . Scroll down on that page for guidance on completing the form with links to the fee and our standard address.

Our PG 26 leases – determination explains how a lease can be determined. This guide is written for legal professionals who usually submit this type of application and may therefore contain some unfamiliar terms.

It appears that in this situation you would be applying to determine the lease by effluxion of time, but it all depends on what happened when the fresh lease was signed. if you are unsure how to proceed you may want to consider seeking independent legal advice.

2) Currently applications by members of the public are required to be made by post as i have mentioned. Information on making applications can be accessed here: Registering land or property with HM Land Registry: Update or correct the register - GOV.UK .

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. Find out about making an application without legal representation.