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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?
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
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