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Guidance

Powers of attorney and registered land (PG9)

Advice on the evidence that HM Land Registry needs when an attorney has executed documents lodged for registration (practice guide 9).

Updates to this page

From:
HM Land Registry
Published:
13 October 2003
Last updated:
25 November 2024
Show all updates

  1. The guide has been amended to reflect how applications should be made using our digital systems.

  2. Section 7 has been updated to reflect our current practice when a copy of the power of attorney is lodged.

  3. Section 7 has been amended as a result of the Powers of Attorney Act 2023. We will now accept a copy of a power of attorney if it has been certified by a chartered legal executive.

  4. Section 7.1 has been updated to reflect an enhancement to the Office of the Public Guardian’s ‘Use/View a lasting power of attorney’ service due to come into effect on 4 July 2023. The enhancement will enable any ‘instructions’ to feature on the LPA Summary Sheet for access codes obtained on or after 4 July 2023.

  5. 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.

  6. Section 4 has been clarify that collective delegation of trust powers cannot be effected by enduring or lasting powers of attorney.

  7. Section 7 has been amended as we will accept a copy power of attorney that has been certified by a chartered legal executive.

  8. HM Land Registry will now accept the summary sheet generated by the Office of the Public Guardian’s ‘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.

  9. 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.

  10. 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.

  11. Section 1 has been amended to clarify how a deed should be completed if it is executed by an attorney of a donor.

  12. 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.

  13. 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.

  14. Section 2.7 has been amended to clarify the extent to which a lasting power of attorney allows the attorney to make gifts.

  15. Video about How to avoid Land Registry requisitions: Execution of deeds and powers of attorney added

  16. Section 3 has been amended to explain when collective delegation under section 11 of the Trustee Act 2002 may be effective for registration purposes.

  17. Section 6 has been amended to reflect that we will no longer accept documents sent by fax.

  18. 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.

  19. Link to the advice we offer added.

  20. Welsh translation added.

  21. First published.

Applies to England and Wales

Documents

Practice guide 9: powers of attorney and registered land

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Details

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.

How to avoid HM Land Registry requisitions: Execution of deeds and powers of attorney

This is part of a series of videos on how to avoid requisitions.

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.

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