All of the co-owners or the sole owner of a building constituted into a horizontal property regime may by deed waive this regime and regroup or merge the records of the filial estates with the principal property; provided, that the filial estates are unencumbered, or if encumbered, that the creditors in whose behalf the encumbrances are recorded accept as security the undivided portions of the property owned by the debtors.
T.C.A. § 66-27-109