I just wanted to follow up on the good leasehold title point. Unless you can upgrade this then you may not be able to merge the titles into one. I don't know if it has been explained to you but I will do so now. So why/when is good leasehold title granted?
Under the Land Registration Act 2002 (LRA 2002),good leasehold title is given where the registrar considers that the title is such as a willing buyer could properly be advised by a competent professional advisor to accept (section 10(3), LRA 2002). In comparison, absolute leasehold title can be given if the registrar considers that the title is such as a willing buyer could properly be advised by a competent professional advisor to accept and the registrar approves the landlord's title to grant the lease (section 10(2), LRA 2002).
Good leasehold title will therefore be given where the superior title has not been issued and proved to the registrar's satisfaction and the registrar cannot approve the landlord's entitlement to grant the lease.
The rules relating to deduction of title mean that, on the transfer of a lease that will result in first registration of the lease, there is normally no requirement for the assignor to deduce title to the superior interest(s). If title to the superior interest(s) is unregistered, and not deduced on a voluntary basis, the assignee of a lease will be unable to provide sufficient evidence of title to the Land Registry for the lease to be registered with absolute leasehold title.
Before 19 June 2006, the Land Registry would grant only good leasehold title if evidence of consent to the grant of the lease was not provided where:
The Land Registry now approves absolute leasehold title in these circumstances. However, where the Land Registry would have previously awarded only good leasehold title, it will make an entry on the register of the relevant title to put those investigating title on notice that the registered lease is vulnerable due to the interest of the superior landlord or mortgagee, as appropriate.
Why is it a problem?
If a lease is registered with good leasehold title:
The Land Registry does not guarantee the title to the reversion, which means that the validity of the lease may be vulnerable to challenge. In addition, the property may be subject to unknown restrictive covenants or other incumbrances, which may affect the use of the property.
The lease may be unacceptable as security for a loan. Even if the buyer does not (currently) require a mortgage, the property would be more difficult to resell or mortgage in the future.
Where the CML Lenders' Handbook for Conveyancers (Lenders' Handbook) applies, goodleasehold title will only be acceptable in limited circumstances .
Lenders' Handbook provides that:
"Good leasehold title will be acceptable if:
a marked abstract of the freehold and any intermediate leasehold title for the statutory period of 15 years before the grant of the lease is provided; or
you are prepared to certify that the title isgood and marketable when sending your certificate of title (because, for example, the landlord's title is generally accepted in the district where the property is situated); or
you arrange indemnity insurance. Our requirements in respect of indemnity insurance are set out in section 9."
What can be done?
The appropriate method for dealing with a property that is registered with good leasehold title will depend to a certain extent on why the Land Registry decided to grant that class of title on first registration and whether the circumstances have changed since then. The options are:
Depending on the relative bargaining strength of the parties, the buyer may be able to negotiate that the seller should pay for the costs involved in resolving this title issue. If any matters remain outstanding by the time the parties are due to exchange, the buyer should insert provisions in the contract to specify what further steps the seller needs to take.
Upgrading to absolute leasehold title
It is possible to upgrade the class of title from good leasehold to absolute leasehold title in the following circumstances:
Where the applicant can produce satisfactory evidence of the landlord's title and, where the landlord is not the freeholder, title to any other reversionary titles up to and including the freeholder.
Where the reversionary titles are (now) registered with absolute title.
Where the applicant can produce evidence of the consent of the landlord's mortgagee or the consent of a superior landlord to the granting of the lease. This situation applies for properties registered before 19 June 2006 if the reason for granting goodleasehold title was because the relevant consent had not been produced.
It is also possible to apply to upgrade to absolute leasehold title even if the applicant is unable to produce the missing consent, on the basis of the change in Land Registry policy. However, the Land Registry will add an entry that reflects the fact that the relevant consent was not provided.
The form prescribed for making applications to upgrade the class of title is Form UT1.
A fee is normally payable unless the application is made at the same time as a scale fee application or the sole reason for good leasehold title being granted was the failure to provide evidence of consent from the landlord's mortgagee or the superior landlord(s).
The Land Registry may not have guaranteed that any easements contained in a good leasehold title were validly granted. Therefore, when it receives an application to upgrade to absolute leasehold title, it will investigate the easements and amend the register accordingly if it finds any easements that cannot be guaranteed.
If the seller is unable to upgrade the title to absoluteleasehold title it may be possible to obtain an indemnity insurance policy in respect of the risks associated with the defect in title.
So after this lengthy note, it may be possible to merge the two titles into one but your solicitor will need to upgrade the good leasehold title to title absolute.
I hope this helps.
Any questions or queries??
I'm happy to assist you further.
P.s the way the site works is you need to accept / positive rate my reply so I would be most grateful if you could take a moment to do this please. Thanks.