The Question
The house I am buying has three different titles which all belong to the same property. Once I purchase the home, can I place them all on one title?
Robert’s Answer
As it happens this is quite a common question that I have been asked by clients.
Section 3(4) of the Land Registration Rules 2003 states:
“The registrar may amalgamate two or more registered titles, or add an estate which is being registered for the first time to an existing registered title, if the estates are of the same kind and are vested in the same proprietor—
(a) on the application of the proprietor of the registered estate and of any registered charge over it, or
(b) if he considers it desirable for the keeping of the register of title.”
Therefore, on the face of it, yes you should be able to apply to the Land Registry to amalgamate the three titles into one.
However, please note the word ‘may’ in the above section. The Land Registry is under no obligation to do this as its power to do so is discretionary.
Furthermore the following conditions which must apply in order for the Land Registry to consider an amalgamation:
- Each title must be owned by the same person
- The land has to be owned in the same capacity
- Each title must have the same class of title and be the same tenure
There must also be a specific need for the amalgamation to take place. Just saying ‘because it would be easier to have one title’ is not enough. There has to be a legitimate reason. In addition, the amalgamation must also be beneficial from the Land Registry’s perspective and be worth the time it takes to create the new title.
According to the Land Registry its current priorities for amalgamation consist of the following:
- if amalgamation would address a boundary discrepancy
- amalgamating areas of land comprising a housing development
- to help show a right of way that benefits land registered under several titles, but abuts only one of them
There could also be the argument that your lender is insisting on having the three titles amalgamated as there are some lenders who will not proceed with multiple titles. This, in itself, may be a sufficient reason for the Land Registry to amalgamate the Titles.
Robert Habbitt is a residential conveyancer for Parfitt Cresswell (Windsor office)
