We have a client who is the freehold owner of several residential units together with a block of farm land and a range of farm buildings all of which are registered under a single freehold title number.
They wish to mortgage a couple of the residential units but not the whole of the freehold title number.
This has been agreed in principal with a high street lender (residential not commercial) but one of the requirements is that the properties each have a stand alone title number.
The lender will not accept any variation to their standard security documentation and therefore we are unable to charge part of the title number and amend the mortgage deed to detail any easements that would be required if the mortgagee were to enforce their power of sale. Nor will the lender accept a charge over the whole.
Is there any way that the registered proprietor of the title number can hive it down in to several smaller titles whilst granting and reserving the necessary easements for the enjoyment of each of title number?
They wish to mortgage a couple of the residential units but not the whole of the freehold title number.
This has been agreed in principal with a high street lender (residential not commercial) but one of the requirements is that the properties each have a stand alone title number.
The lender will not accept any variation to their standard security documentation and therefore we are unable to charge part of the title number and amend the mortgage deed to detail any easements that would be required if the mortgagee were to enforce their power of sale. Nor will the lender accept a charge over the whole.
Is there any way that the registered proprietor of the title number can hive it down in to several smaller titles whilst granting and reserving the necessary easements for the enjoyment of each of title number?
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