Soliciters response to merging freehold and leasehold

mrbg07546

We have bought a house which has freehold and leasehold and I requested to merge . The solicited says he can't find anything different however he emailed the following.

"
Further to our recent correspondence and telephone conversation, having reviewed the title documents I feel it would be safer not to merge the freehold and leasehold titles. If you specifically wish me to apply for merger I will do so. "

Thoughts?

Hoploz

My thought is you need to ask him what he means by that.

eddddy

I guess a big consideration is whether you have a mortgage.

If you do, the mortgage is probably secured against the leasehold. You would need to ask your lender if they are happy to secure the loan against the freehold instead - and what fees they would charge for the change.

As for your solicitors comments, I gather there used to be uncertainty about whether easements and restrictive covenants could be carried forward from the lease to the freehold. (i.e. you might lose some rights, if they are mentioned in the lease but not the freehold.)

But I thought the courts clarified that no rights are lost.

But obviously, you need to ask your solicitor to clarify their comments, and follow their advice.

mrbg07546

we have purchased the property already - he is saying this because he cant find any easements etc - so his taking the 'conversative approach'

AdrianC

mrbg07546 wrote: »

so his taking the 'conversative approach'

He's just talking about it...?

Or did you mean "conservative"?

If the freehold covers your leasehold property, and that alone - no more, no less - then I'd have thought it'd be straightforward.

mrbg07546

Yes I meant conservative / playing it safe.

He said he didn't notice any easements. Could I merge later?