Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer of Deeds and Names on Title Deeds of any House / Apartment / Flat.
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 17 . . .
Transfer of Deeds or Names on Title Deeds
Execution of Deeds by Trustees of Charities
Where the Charity Trustees are individuals:
There is a conclusive presumption in the buyer's favour that the Deed has been duly executed (section 82(4) Charities Act 1993)
To meed the second requirement listed, Land Registry suggest the transfers prepared by Conveyancing Solicitors and Property Lawyers contain the following clause (which can also be used in Conveyances and other types of Deed, suitably modified):
"This transfer is executed by AB and CD being two of the registered proprietors of the Property in this title as charity trustees and on behalf of all the charity trustees under a general authority given pursuant to section 82 of the Charities Act 1993"
Alternatively, the following attestation clause can be used:
Signed as a Deed on behalf of [Named trustees sign here eg
the trustees (or other term used
in the Deed, eg 'transferors' by John Smith and Jane Brown]
(name of the trustees signing),
two (or as the case may be) of
their number, under an authority
conferred pursuant to section 82
of the Charities Act 1993 in the
presence of:
Signature of witness . . .
Name (in block capitals) . . .
Address . . .
Where the Charity Trustees are incorporated under Part VII, Charities Act 1993
Where Charities Trustees have been made a body corporate by section 50 Charities Act 1993 and the body has a common seal, a disposition can be executed by affixing that common seal (section 60(2) Charities Act 1993). Land Registry will not question this form of execution if the common seal appears to have been affixed in the presence of appropriate officers of a charity so as to allow for the operation of section 74(1) Law of Property Act 1925. Conveyancing Solicitors and Property Lawyers should use the attestation clause in section: Execution by a Company under its common seal, adapted as necessary.
There are two other possible methods of execution (section 60(3) Charities Act 1993) that might be used either where the body corporate does not have a common seal or chooses not to use it.
- The Deed may be executed by a majority of the individual Charity Trustees,, the Deed being expressed to be executed by the body;
- The Deed may be executed under an authority conferred on two or more trustees to execute in the name and on behalf of the body.
Where the Charity Trustee is another corporate body
Where the charity is a body incorporated other than under part VII of the Charities Act 1993, Conveyancing Solicitors and Property Lawyers should refer to the sections above, as appropriate, for guidance on execution.
Execution under a Power of Attorney
A Power of Attorney is a Deed by which one person (the donor) gives another person (the Attorney) power to act on his or her behalf. This section is concerned with transfers and other Deeds being executed by Attorneys.
A Power of Attorney will either be for a specific purpose or general. If it is for a specific purpose Conveyancing Solicitors and Property Lawyers will need to ensure that it contains clear authority to enter into the transaction in questions, as Powers of Attorney are interpreted strictly. A general Power of Attorney must follow the form set out in the Power of Attorneys Act 1971 or be in a form to the like effect and expressed to be made under the Power of Attorneys Act 1971.
Any Deed lodged by Conveyancing Solicitors and Property Lawyers for registration that has been executed under a Power of Attorney should be accompanied by one of the following:
- form 1
- the original power
- a sufficient copy of any Power that the Conveyancing Solicitors and Property Lawyers are relying on to establish that a document lodged with the application is validly executed.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 19 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 19)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
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Manchester
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