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Buying a house with a freehold and 2 leases - HELP

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Aldunne
Aldunne Posts: 1 Newbie
edited 31 March 2022 at 12:10PM in House buying, renting & selling

My partner and I are trying to buy a family home. We have sold our property and are planning to port our mortgage. The house we want has three titles arranged as follows:

Freehold Title (owned by the sellers’ Management Company)

Maisonette Lease (owned by the seller)

Basement Flat Lease (owned by the seller and his wife)

We believed they were planning to merge the titles before we purchased the property - this is now looking unlikely and is holding up our chain. If we were to buy the 3 titles as they are, will we be able to merge the titles directly after we complete? or can they surrender the deeds on completion? Does this mean the property will become one freehold? 

Any advice most appreciated 

Comments

  • user1977
    user1977 Posts: 17,774 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    In theory you can probably merge them post-completion (or not bother merging them at all), but the question is more what does your lender want? Isn't your solicitor giving you any advice?
  • eddddy
    eddddy Posts: 17,984 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 31 March 2022 at 12:37PM

    It sounds like you're buying with a standard residential mortgage.

    I suspect your mortgage lender will want you to have just one freehold title (with no leases) - but your solicitor can probably arrange that as part of the conveyancing. But make sure you explain in advance to your solicitor what you need, and get an inclusive fixed quote.  Some 'conveyor belt' conveyancing solicitors wouldn't take this on.


    But have you discussed the property with your mortgage lender and/or has the lenders valuer seen the property?

    Is the property laid out as 2 flats? With 2 kitchens? Will it need conversion work to turn it into one house?

    If so, it's unlikely you'd get a residential mortgage for it.

    But if it's already converted into one house, that's probably OK,

  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Yes from a legal perspective it'snot really a problem. Seller merges before Conpletion or you merge after Completion,or leave all 3 titles in place.
    The issue is going to be whether your mortgage lender is willing to lend and if so on what basis.
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