Merging old leasehold into existing freehold, with no mortgage

sh_kilnao

Hi all, I'll try to describe the situation as clearly as possible:

-Property is a house, and there exist two separate titles assigned to it - an old (original) leasehold and a (newish) freehold.

-There is no mortgage on the house, so it should be simpler.

-Checking with the Land Registry I can see that several houses on the same terrace as mine have only a freehold, so apparently a merge should not be a problem.

-The purpose for this exercise is that I am trying to tidy up the situation with the title before transferring joint ownership into single ownership.

My question is - is there a step-by-step guide to filling out the Land Registry application forms for this particular case? To my knowledge I need at least AP1, but I see posts referencing some other forms as well.

Many thanks!
Nic 

RHemmings

Again, this sounds like a job for @Land_Registry to me. 

Land_Registry

sh_kilnao said:

Hi all, I'll try to describe the situation as clearly as possible:

-Property is a house, and there exist two separate titles assigned to it - an old (original) leasehold and a (newish) freehold.

-There is no mortgage on the house, so it should be simpler.

-Checking with the Land Registry I can see that several houses on the same terrace as mine have only a freehold, so apparently a merge should not be a problem.

-The purpose for this exercise is that I am trying to tidy up the situation with the title before transferring joint ownership into single ownership.

My question is - is there a step-by-step guide to filling out the Land Registry application forms for this particular case? To my knowledge I need at least AP1, but I see posts referencing some other forms as well.

Many thanks!
Nic 

No mortgage makes things simpler but only in so far as you don't need to consider the lender's requirements or get their consent
The fact that neighbours have done the same can be reassuring but doesn't mean there won't be a 'problem'. Every property, and indeed owner, is unique and treated on merit but I take the point you are making and am sure you are right
'Tidying up' is a great idea but it's not always needed in such scenarios. Being the right thing to do is the key rather than it all looks better on paper.
Main reason not to merge is that the lease includes right (easements) that would be lost if the lease was merged (determined)
If you are transferring from a sole name to joint names then you can do that and also request merger as a single application under the one form AP1
The Transfer is by way of a form TR1 and identity verification by way of forms ID1 or ID3 for the two of you.
See Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK for how to transfer
And Leases: determination (PG26) - GOV.UK for how to apply to merge the two titles (section 3)
NOTE - do bear in mind that we always recommend seeking legal advice to discuss options and to understand the full legal/financial implications of applying to make such changes. 

sh_kilnao

Hi Land_Registry, thanks, that is very helpful.
I am going ahead and adding "Merger of the leasehold estate registered under..etc", to the AP1 form, below "Transfer of equity".
Legal advice would be nice, and I could still seek it in the end, but for now just trying to understand the process enough by going through the exercise by myself. Last time when buying the property I did not know nearly enough, which I partially blame for ending up in this (in my view messy) situation with a redundant leasehold title.