Freehold and leasehold merger

Hello, my solicitor submitted a request to merge the freehold/leaseholds on my property as I am selling. Does anyone know the timescales to complete this if it’s been expedited for a sale? Many thanks

Hello Emily - expedition generally means processing starts within 10 days. However everything then depends on the quality of the application and whether more is required. Your solicitor should be able to track progress and flag whether any issues arise for you

Thank you very much for your reply.

Hi, We have something similar, could I ask whether a merger of the titles is something that has to be done at point of sale or can be done post completion? Thanks

Hi Stella - the choice is one for the seller/buyer or perhaps more importantly the buyer's mortgage lender and conveyancer. It's possible to apply before or after completion but that's often down to the buyer's mortgage product saying Yes, we can do that or No, we can't.

Hi Adam Thank you for the quick response, the buyer is cash so no lender involvement, just conveyancer. Thanks

Hello, something similar for me. We are selling my late parent's house and the buyer's solicitors asked that the freehold and leasehold be merged prior to exchange. Our solicitors said this was requested and they were waiting to hear (i assume from Land Registry) but it has now been getting on for three months and every time I contact them, they say they are still waiting. Is this a normal wait time? Thanks.

Hello Samantha - it can be a lengthy wait unless they request to expedite it as there's a dependent transaction (the sale/purchase) waiting on it to be completed. Contact them and ask them if they have expedited it? When? And for the title number and our case reference?

Thank you, Adam, I will try that. The solicitors certainly haven't mentioned that we can request that it be expedited.

OK, apparently they have asked for it to be expedited but haven't given me a case reference yet despite being asked. In addition, there was a land charge held by the local council over the property but that has been paid off now (several months ago) - is there a way of checking that this has been conveyed to you as our solicitors are now saying it came up as unpaid and they have reverted to the other side with that (erroneous) information? Thanks. Again.

Samantha - the local land charge would be dealt with through the local council, not us. What's the property address if you don't have the title number? You odn;t have to share it as it's a public forum though and it reads like the conveyancer is acting on your own chase. 

55 Wharton Avenue, Solihull

oh, just read the email again from the solicitors - "The Land Registry have advised that they cannot merge the Titles as there is a Charge to Solihull Council on the Leasehold Title so we have had to refer this to the buyer's solicitors".

Samantha - ok and duly noted. I assume the Charge is a legal charge, namely a secured loan/mortgage they intend to pay off as part of the sale. The issue the buyer may have is that their own mortgage does offer does not cover a freehold/leasehold scenario hence they asked for merger before completion. Guesswork on my part though and you'll have to see what the buyer's conveyancer comes back with before deciding next steps sadly

yes, it (charge) was paid off in April, and there was a form and letter of consent to come to HMLR giving consent for the register to be amended to reflect the fact the charge had been settled. I have now asked a question via the contact form about whether HMLR received the SR1? and letter of consent, as the register hasn't been changed, and will see what I get back. Thank you very much for your help with this.

Samantha - I've responded to your contact enquiry as appropriate.