Amalgamation in
English and Welsh land law is a simple process carried out in
registered land. It combines neighbouring parcels (holdings) of land which are
freehold
Freehold may refer to:
In real estate
*Freehold (law), the tenure of property in fee simple
* Customary freehold, a form of feudal tenure of land in England
* Parson's freehold, where a Church of England rector or vicar of holds title to benefice ...
.
In
leasehold
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a l ...
land interests (which can be at any
storey
A storey (British English) or story (American English) is any level part of a building with a floor that could be used by people (for living, work, storage, recreation, etc.). Plurals for the word are ''storeys'' (UK) and ''stories'' (US).
T ...
) respective surrenders and a new combined lease followed by its registration instead is the process used: combination of leases — this can also be called the
surrender and regrant
During the Tudor conquest of Ireland (c.1540–1603), "surrender and regrant" was the legal mechanism by which Irish clans were to be converted from a power structure rooted in clan and kin loyalties, to a late-feudal system under the English l ...
involving more than one surrender.
Statute and regulations
A small fee is payable to HM Land Registry rule 3 of the
Land Registration Rules 2003 for amalgamation or subdivision.
Effects
A single title with a larger plot shown in its associated title plan results. It avoids:
*Duplication of data.
*The risk of a part of the land being forgotten in a mortgage or sale.
*Inappropriate boundary features (fences/railings) being inadvertently kept/installed on the ground between two parcels in common ownership.
It enables:
*New geometric subdivision of the land (sometimes called
severance
Severance may refer to:
Arts and entertainment
* ''Severance'' (film), a 2006 British horror film
* ''Severance'' (novel), a 2018 novel by Ling Ma
*''Severance'', a 2006 short-story collection by Robert Olen Butler
* ''Severance'' (TV series), a ...
), in deed termed transfers of part, which may be planned using a pre-approved Estate Plan submitted to the
Land Registry
Land registration is any of various systems by which matters concerning ownership, possession, or other rights in land are formally recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions, ...
*Owners of subsidiary interests (e.g. mortgage lenders) to hold a marginally more solid security (with the benefit of certainty as to the totality of the estate), of particular use in auction sales which tend to miss additional parcels.
*In re-attachment corrections or alterations of title a closer match to the original title in which the land originally belonged.
["Where a transfer s) isby way of correction or alteration the applicant may wish to apply for amalgamation with an existing title, so that the ultimate registrations match as closely as possible the position that would have applied if the original transfer had not required correction or alteration." HM Land Registry Practice Guide 68 (PG68) http://www.gov.uk/government/publications/amending-deeds-that-effect-dispositions-of-registered-land/practice-guide-68-amending-deeds-that-effect-dispositions-of-registered-land]
It results in a slightly lengthier title register than a single one of the contributor titles where, just as on first registration of land which once had different ownership and has been affected by differing neighbours or developers imposing covenants on it, the titles vary in their
easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
s and
covenant
Covenant may refer to:
Religion
* Covenant (religion), a formal alliance or agreement made by God with a religious community or with humanity in general
** Covenant (biblical), in the Hebrew Bible
** Covenant in Mormonism, a sacred agreement b ...
s.
See also
*
Severance
Severance may refer to:
Arts and entertainment
* ''Severance'' (film), a 2006 British horror film
* ''Severance'' (novel), a 2018 novel by Ling Ma
*''Severance'', a 2006 short-story collection by Robert Olen Butler
* ''Severance'' (TV series), a ...
(also known as transfers of part, subdivision)
*
Registered land – compulsory registration
References
English land law