Q&As

Does a merger of a freehold and leasehold interest have to take place at the time the two interests become vested in the same entity or can the intention come into existence and the merger take effect later? If not, can the tenant surrender the lease to itself as landlord at a later date? If neither of these is possible, how do you determine/close a leasehold title at a point in time after acquisition where both the lease and the freehold are vested in the same entity?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 29 September 2022
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Merger of a leasehold interest and its reversionary estate occurs where the ownership of each is by the same person in the same capacity, together with a clear intention to merge. There must not be any intervening estate between the two estates that have united in the same person (Burton v Barclay ), and that unity must be in the same capacity, so that merger does not occur if, for example, one of the estates is held personally but the other as a trustee or personal representative

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom

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