This guide gives advice on the evidence HM Land Registry needs when an attorney has executed documents lodged for registration. It is aimed at conveyancers and you should interpret references to you accordingly. HM Land Registry staff will also refer to it.
How to avoid HM Land Registry requisitions
Watch this video about execution of deeds and powers of attorney.
Published 13 October 2003 Last updated 17 April 2023 +show all updates
Sections 2.4 and 2.7 have been amended to reflect the recent case of Chandler v Lombardi [2022] EWHC 22 which establishes that a transfer by an attorney on behalf of the donor under a lasting power that breaches the requirements of s.12(2), MCA will be void. Section 8 has been added to give guidance on execution under a foreign power of attorney.
Section 4 has been clarify that collective delegation of trust powers cannot be effected by enduring or lasting powers of attorney.
Section 7 has been amended as we will accept a copy power of attorney that has been certified by a chartered legal executive.
HM Land Registry will now accept the summary sheet generated by the Office of the Public Guardians Use/View a lasting power of attorney service in lieu of the full lasting power of attorney. Section 7.1 has been added setting out our requirements when this summary sheet is lodged.
Section 1 has been amended to include reference to practice guide 78 where the entity granting the power is an overseas company. Section 2.5 has been amended to clarify that a Trustee Act powers period of grant can only be on or after the date of the power, not before.
Section 2.7 has been amended to include our existing practice on the evidence required when the donor of the power has stated that a lasting power of attorney can only be used when they have lost capacity.
Section 1 has been amended to clarify how a deed should be completed if it is executed by an attorney of a donor.
Sections 3 and 5 have been amended to clarify that the requirement under the Trustee Delegation Act 1999 for trustee donors of certain powers of attorney to have a beneficial interest in land (if the attorney is to deal with land) applies to sole trustees in the same way it applies to joint trustees.
Section 3 has been added (and subsequent sections renumbered) to clarify that where there are joint attorneys of a sole proprietor and there is a Form A restriction in the register, a disposition by the attorneys under which capital money arises will be caught by the restriction.
Section 2.7 has been amended to clarify the extent to which a lasting power of attorney allows the attorney to make gifts.
Video about How to avoid Land Registry requisitions: Execution of deeds and powers of attorney added
Section 3 has been amended to explain when collective delegation under section 11 of the Trustee Act 2002 may be effective for registration purposes.
