There are several possible instances – such as absence abroad – when land is to be sold and an attorney has to be appointed to undertake the transaction in the place of the beneficial owners.
The Land Registry allows this to be done but has quite specific requirements which govern when it will and when it will not accept a power of attorney.
The main requirements are that:
- the power of attorney must validly executed as a deed;
- the power of attorney must be in force at the date of the document in question; and
- the power of attorney must give the attorney the power to undertake the transaction.
The original or a validated copy of the power of attorney must be supplied to the Land Registry. Alternatively, a specific form (‘Form 1’) can be submitted and signed by the conveyancer that confirms that the conveyancer holds the original or a copy of the power of attorney and that it satisfies the above requirements.
Where the power of attorney is more than 12 months old, the purchaser of a property can request evidence that it has not been revoked.
For more information see http://www.landreg.gov.uk/upload/documents/lrpg009.pdf