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 18 . . .
Transfer of Deeds or Names on Title Deeds
Execution under a Power of Attorney
Land Registry will retain the evidence submitted by Conveyancing Solicitors and Property Lawyers on file. 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 Conveyancing Solicitors and Property Lawyers 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 Conveyancing Solicitors and Property Lawyers to be a true copy of the original. However, in any case of doubt, Land Registry would need to ask the Conveyancing Solicitors and Property Lawyers to produce either the original or the more formal certified copy mentioned above.
Delegation by Trustees
Trustees can only delegate their duties and powers (such as executing a transfer of trusts Property) when they have authority to do so. However, several statutory provisions now allow for delegation.
Note that for beneficial interests to be overreached the Attorney must act with at least one other person. If a transfer is lodged executed by only one person, both as proprietor and as Attorney for the other proprietor or as Attorney for all the proprietors, Land Registry will usually return it for execution by the donor or donors. If the transfer is not re-executed Land Registry will usually enter a restriction on the Property Deeds to protect any beneficial interests that may subsist.
The statutory provisions allowing for delegation by trustees can be divided into those allowing for delegation by individual trustees and those allowing for collective delegation by the trustees.
Individual delegation
Section 25 Trustee Act 1925:
Under this section, a trustee can delegate the exercise of their powers for a maximum of 12 months from the start of the delegation or, if there is no provision for when the delegation starts, for 12 months from the execution of the power by the Trustee. The Trustee must, before or within seven days of giving such a Power of Attorney, give notice of it to each of the co-trustees (if any) and to any person who has power under the trust instrument to appoint a new Trustee (if any). The section sets out a form of general power in respect of a Trustee's function (section 25(6) Trustee Act 1925).
Section 1 Trustee Delegation Act 1999:
This section allows a Power of Attorney to be used in relation to trust Property if there is no indication in the power that the donor does not intent the Attorney to exercise trustee functions and, at the time the Power of Attorney is used, the donor has a beneficial interest in the Property. This delegation is not limited in duration and the notice requirements under section 25 Trustee Act 1925 do not apply.
A signed statement by the Attorney made within three months of the date of the document will be conclusive evidence of the donor having had a beneficial interest at that time (section 2 Trustee Delegation Act 1999). The most convenient place for the Attorney to make this statement is in the document.
(1) A clause along the following lines may be included in the document.
(Name of Attorney) confirms that (name of donor of power) has a beneficial interest in the Property at the date of this (transfer / Charge / Mortgage etc).
(2) The statement may in incorporated into one of the attestation clauses in section: Execution of Deeds by Attorneys, for example:
Signed as a Deed by (full name [Sign here the name of the individual
of individual) who has a and your own name eg
beneficial interest in the
Property at the date of this Manchester Ltd by Jane Smith]
(transfer, mortgage etc,) acting
by [his / her] Attorney (full name
of Attorney) in the presence of:
Signature of witness . . .
Name (in block capitals) . . .
Address . . .
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 20 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 20)
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
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
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Manchester
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Manchester
M2 4PD
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