Multiple Titles and Section 106 agreements

[Blotto]

I bought a farm house which is one title with Land Registry in my name, and then at a later stage my wife bought some of the original outbuildings which are immediately adjacent on a second (different) title in hers.

She now wants to convert one of these buildings as a dwelling for her ancient father who has just had a third hip replacement. The local authority have said that'd be OK but we'd have to have a section 106 undertaking about selling it all together as one if it comes up for sale at some stage in the future. Somehow this avoids 'building in the countryside' (no I don't get it either).

They say that they want to lodge the agreement with the Land Charges bit of the Land Registry, which is OK as far as I'm concerned. However when I asked which title that would be against, they said 'both'. My solicitor, who isn't much good at knotty stuff like this, said that's not on. He contends that the main house shouldn't have the Charge because it's a duplicate and refers to a building which isn't on the title.

Any legal minds out there who can make sense of this and offer a little advice or thoughts ?

 

[^woody^]

What connection does the main house have with the out buildings which the council is aware of?

I can't see how the council can insist on a s106 being applied to what is potentially a third party property under different ownership

 

[Blotto]

The council were blissfully unaware that the whole thing was on two different titles until we told them so. They had assumed that it would all be under a single title, wrongly.

I wouldn't be surprised if it's a try-on by the council, as I suspect they've never come across this one before. In the absence of any further suggestions, I'll let my solicitor send them a 'get stuffed' letter, which is what he wants to do.