Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Buying / Selling Leases and Business Premises
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 13 . . .
Buying and Selling Leases
Bulk applications affecting one or more Land Registry Office
Joint Proprietors - evidence that the donor of a power had a beneficial interest
The written statement can also be made separately as long as it is dated within three months of the date of the document.
If the Conveyancing Solicitors and Property Lawyers for the applicant for registration cannot produce such a statement Land Registry will consider other evidence that the donor had a beneficial interest at the relevant time. A statutory declaration or statement of truth to that effect by a responsible person with full knowledge of the facts may be acceptable in some cases. But if the applicant does not produce sufficient evidence of the donor's beneficial entitlement the document will need to be executed by the donor of the power.
Powers more than 12 months old - evidence of non-revocation
Conveyancing Solicitors and Property Lawyers for a Purchaser from a person who has dealt with an Attorney is entitled to assume that the power of Attorney has not been revoked if the transaction in question took place within 12 months of the date when the power came into question.
Although under rule 62 Land Registration Rules 2003 Land Registry may require evidence of non-revocation if the power of Attorney is more than 12 months old, under normal circumstances such evidence will not be required.
When the Registrar does require evidence of non-revocation, this must be in form 2, being either:
- a statutory declaration or statement of truth made by the person(s) dealing with the Attorney, for example a Purchaser from the Attorney, or
- a certificate by that person Conveyancing Solicitor and Property Lawyer.
As Trustee Act 1925 powers of Attorney can only operate for 12 months, Land Registry will never need evidence of non-revocation for these powers.
Evidence of the power
Land Registry will need to see one of the following:
- form 1
- the original
- a sufficient copy of any power of Attorney that Conveyancing Solicitors and Property Lawyers are relying on to establish that a document lodged with the application is validly executed.
Land Registry will retain the evidence lodged. If, therefore, Conveyancing Solicitors and Property Lawyers need to keep the original they should lodge a certified copy with the application. Section 3 Powers of Attorney Act 1971 prescribes a strict method of proving the contents of a power of Attorney. To follow this procedure a Solicitor, Notary Public or Stockbroker must certify:
- at the end of a photocopy of the power that it is a true and complete copy of the original, and
- on each page of the photocopy, if the power includes more than one page, that the page is a true and complete copy of the corresponding page of the original.
In practice, Land Registry will usually accept a photocopy that is certified, by a Conveyancing Solicitor and Property Lawyer, to be a true copy of the original power. However, in any case of doubt, Land Registry will ask that either the original or the more formal certified copy be produced.
Note: Land Registry cannot accept a faxed copy of the power of Attorney, but a faxed copy of form 1 is generally acceptable if the certificate is on the Conveyancing Solicitors and Property Lawyers headed notepaper.
Checklists
The following checklists are designed to help Conveyancing Solicitors and Property Lawyers to lodge the correct documents and evidence with the applications. Unless the answer to each question is 'yes' the donor of the power will need to execute the document personally before Land Registry can register it.
Power given by a sole Proprietor (not a trustee):
- Is there a form 1 or the original or a certified copy of the power?
- is the power validly executed as a deed?
- is the power wide enough to cover what the Attorney has done?
Power given by one of joint proprietors dated after 29 February 2000:
- is there a form 1 or the original or a certified copy of the power?
- is the power validly executed as a deed?
- is the power made under the Trustee Act 1925 (see section 25 Trustee Act 1925)
OR
- did the donor of the power have a beneficial interest in the Property, there being no intention, expressed in the power, of excluding functions at the donor held as a trustee?
- is the power wide enough to cover what the attorney has done?
- has at least one other proprietor of the Property (or a third party as Attorney on the proprietors behalf) also given any necessary receipt for capital money?
Power given to beneficiaries by all the joint proprietors of the Property
- is there a form 1 or the original or a certified copy of the power?
- is the power validly executed as a deed?
- is the power made under the Trusts for Land and Appointment of Trustees Act 1996;
- is the power wide enough to cover what the Attorney had done?
- if the transaction involves the payment of capital money, did the trustees join in to give a receipt?
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 15 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling Leases 15)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
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