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.
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 power’s 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.
Section 6 has been amended to reflect that we will no longer accept documents sent by fax.
Section 2.7 has been amended as a result of the coming into force of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 on 1 July 2015.