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 22 . . .
Transfer of Deeds or Names on Title Deeds
Execution under a Power of Attorney
Corporate Attorneys
The board of Directors, Council or other governing body of a corporate Attorney may appoint an officer to execute the Deed in the name of the donor (section 74(4) Law of Property Act 1925). A suitable execution clause would be:
Signed as a Deed in the name [Signed here the name of the donor
and on behalf of (full name of individual or corporation, the name
individual or corporation) by (full of the corporate Attorney and your
name of officer), an officer own name eg
appointed for the purpose by
the board of Directors of (name Manchester Ltd by his/its Attorney
of corporate Attorney), [his / her] Jane Smith Ltd acting by James
[its] Attorney, in the presence of: Brown
Signature of witness. . .
Name (in block capitals) . . .
Address . . .
Special Arrangements
Any organisation that regularly executes Deeds either using a form of execution particular to that organisation or a long-standing power of Attorney may wish to consider seeking a special arrangement with the Land Registry. Such an arrangement involves Land Registry approving the form of execution or the Power of Attorney for registration purposes. This should prevent Land Registry from continually having to raise requisitions about the validity of the execution or having to see a certified copy of the power of Attorney. Conveyancing Solicitors and Property Lawyers, however, should note that Land Registry cannot guarantee being able to provide a special arrangement in every case.
If Conveyancing Solicitors and Property Lawyers consider that a client may benefit from such arrangement, they should seek further advice from the Commercial Arrangements Section at Land Registry Head Office.
Statutory Declaration / Certificate / Statement of Truth as to non-revocation for powers more than 12 months old at the date of the disposition for which they are used (rule 62)
Date of Power of Attorney. . .
Donor of Power of Attorney . . .
I . . . of . . . do solemnly and sincerely [declare / certify or state] that at the time of completion of the . . . to me / my client / I / my client had no knowledge:
- of a revocation of the Power, or
- of the death or bankruptcy of the donor or, if the donor is a corporate body, its winding up or dissolution, or
- of any incapacity of the donor where the power is not a valid lasting or Enduring Power of Attorney, or
Where the power is in the form prescribed for a Lasting Power of Attorney:
- that a Lasting Power of Attorney was not created, or
- of circumstances which, if the Lasting Power of Attorney had bee created, would have terminated the Attorney's authority to act as an Attorney, or
Where the Power is in the form prescribed for an Enduring Power of Attorney:
- that the power was not in fact a valid enduring power, or
- of an order or direction of the Court of Protection which revoked the power, or
- of the bankruptcy of the Attorney, or
Where the power was given under section 9 of the Trusts of Land and Appointment of Trustees Act 1996:
- of an appointment of another trustee of the Property in question, or
- of any other event which would have the effect of revoking the power, or
- of any lack of good faith on the part of the person(s) who dealt with the Attorney, or
- that the Attorney was not a person to whom the functions of the Trustees could be delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 1996, or
Where the power is expressed to be given by way of security:
- that the power was not in fact given by way of security, or
- of any revocation of the power with the consent of the Attorney, or
- of any other event which would have had the effect of revoking the power.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 24 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 23)
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
City Centre Serviced Office - Conference rooms are also
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Manchester
Conveyancing Solicitors | Ford
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Manchester
M2 4PD
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