Joanne - the presence of a restrictive covenant on one title does not prevent amalgamation. If we agreed to amalgamate then the entry would be limited to the part of the land bound by the covenant only. We would do that by colour referencing the land on the title plan and cross-referring to that on the register entry itself
I should stress that a request to amalgamate
You may already be aware but we do not routinely accept applications to amalgamate two titles into one
Here's our generic response to such an enquiry
An amalgamation is the joining of two or more parcels of registered 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]