What is an Amalgamation? Give an example.
The joining of two or more parcels of land of the same tenure under a single registered title.
Example: 2 x registered Freehold Titles coming together and resulting in one title i.e one register and one title plan.
What is a normal confusion when dealing with an Amalgamation application?
Do not confuse an application for an amalgamation with an application to close a leasehold title. Applicants frequently refer to amalgamation in error when the application is for a merger or a surrender.
Name one Advantage and Disadvantage of Amalgamation.
Advantage:
- Simplification: Having all parcels of land you own under one title is easier
Disadvantage:
- There may be entries on the registers that will cause confusion or difficulty, especially when the land is to be later sold on.
How can an Amalgamation Application Proceed?
- Land Registry will only ever process amalgamation as a result of a specific application to do so, either as part of an existing application or by separate request.
- In order for an amalgamation to proceed is must be both possible and desirable for HM Land Registry.
What is the Criteria for an Amalgamation Application?
- The estates must be the same tenure: You cannot amalgamate a freehold estate with a leasehold one
- The Class of the Title must be the same: The classes of title must be of the same quality. You cannot amalgamate a good leasehold title with an absolute leasehold title, or a possessory title with an absolute title. Nor can you amalgamate a possessory title first registered on one date with another possessory title first registered on another date.
- Same Proprietors in same Capacity: The registered proprietor(s) must not only be the same but must also hold the estate in the same capacity. Amalgamation would not be possible if, for example, A and B hold one parcel of land as beneficial owners and another as personal representatives. The applicant must provide any additional evidence showing that both title are to be held in the same capacity.
- One title in Charge: You can amalgamate a title that is subject to a charge with one that is not but any land added to the title is not subject to the existing charge.
However, if the title that is in the charge has the benefit of an easement over land in the in the uncharged title, amalgamation is not possible. This is because it is important that the benefiting and burdening entries relation to the easement remain on their respective titles in case the chargee exercises its power of sale.
Give Examples of when the Land Registry are very likely to process an Amalgamation.
It is not a pre-requisite that Land Registery will process an amalgamation request. They will consider each request on it’s own merits.
- If we provide evidence that without amalgamation a lender will not be prepared to lend, the request will always be granted.
- Amalgamations involving parts of a building estate about to be developed and sold off in plots will also not be turned down because there are significant advantages to us and the Land Registry, not least because the processing of the plot transfers/leases will be easier.
Give examples on when Amalgamation is not desirable?
- Where the request is for the amalgamation of isolated plots of land
- Where amalgamation would lead to a very complex register and title plan with a multitude of title plan references
- Where amalgamation would lead to a very large title plan. Plans larger than A3 ordered through the portal cannot be printed in our own office.
