The presumption is against merger where a tenant for life or other limited owner (not being tenant in tail1) acquires or pays off a charge, as the merger would operate as a gift to those in remainder2. This presumption against merger has been held to exist notwithstanding that the reconveyance to the tenant for life was expressed to be absolutely discharged from the mortgage debt3. A presumption against merger also applies where the charge is subject to limitations which prevent the full union of the charge
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234