One of a series of videos to help you avoid requisitions with HM Land Registry.
See also "Execution of deeds (PG8)" https://www.gov.uk/government/publications/execution-of-deeds
Video transcript:
Welcome to our guidance video for conveyancers that explains how you can avoid a requisition for incorrect deed execution and powers of attorney from Land Registry. This is one of eight videos that examine the problem, its impact and the action you need to take.
Other videos in this series include:
An introduction to requisitions.
Information about discharges.
Details about restrictions.
The variation between the register, transfer and charges.
Confirmation of identity.
Company charges.
And finally errors in lodging applications electronically.
About 6% of requisitions are raised because of a problem with how a deed had been executed.
Errors vary
from a party’s signature not being witnessed, or a witnesses details not being included
to the wrong form of execution being used for the person or organisation involved.
Not checking that a deed has been executed correctly increases the risk of fraud. Incorrect execution can indicate the possibility of fraud and could indicate a lack of proper care. It can also invalidate the deed.
We have a comprehensive guidance on execution in our Practice Guide 8 – called Execution of deeds. Other publications are also available which provide guidance on execution requirements.
We see two main types of errors with powers of attorney.
First, failing to enclose a copy of a power – this tends to be for corporate attorneys.
Second, not enclosing confirmation of identity for an attorney, as well as the donor of the power when this is required. This will always be required except where they have executed a discharge.
Don’t forget that instead of enclosing a copy of a power, you can enclose a certificate in Form 1 in Schedule 3 to the Land Registration Rules 2003.
HM Land Registry is a government department created in 1862 to register the ownership of land and property in England and Wales.
Our ambition is to become the world’s leading land registry for speed, simplicity and an open approach to data.
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