QUESTION 1 Where the Land Registry requires evidence
to show that a power of attorney has not been revoked, that
requirement can be satisfied by the production of:
(i)
Form 1 (ii) Form 2
POSSIBLE ANSWERS
YOUR ANSWER
a.
correct as to (i);
incorrect as to (ii)
b.
incorrect as to (i);
correct as to (ii)
c.
correct as to
both
d.
incorrect as to
both
Commentary: Do not forget that you
can often avoid having to send the original of a power
of attorney to the LR, and instead you can supply a Form
1 certificate.
The starting point is r61 which says that you must
normally submit a power of attorney, or a certified
copy. However, Form 1 (in Sched 3 of LRR 2003) is a
conveyancer's certificate that you can send to the LR
which confirms that the power exists, and that you are
satisfied it was validly executed and authorises the
attorney to execute the document on behalf of the
donor.
In addition, Form 2 covers the situation where there
has been more than 12 months between the creation of the
power of attorney and the execution of the document.
Rule 62 says that, in that situation, the registrar may
require the production of sufficient evidence to show
that the power had not been revoked at the time of the
transaction, and that can be by a statutory declaration
or by a conveyancer's Form 2.
Further information: Click here for the relevant Land Registry
rules
