Atwrneiaethau a thir cofrestredig (CY9)
Cyngor ar y dystiolaeth sydd ei hangen ar Gofrestrfa Tir EF pan fydd atwrnai wedi cyflawni dogfennau a gyflwynwyd i’w cofrestru (cyfarwyddyd ymarfer 9).
Yn berthnasol i England and Gymru
Dogfennau
Manylion
Mae’r cyfarwyddyd hwn yn rhoi cyngor ar y dystiolaeth sydd ei hangen ar Gofrestrfa Tir EF pan fydd atwrnai wedi cyflawni dogfennau a gyflwynwyd i’w cofrestru. Mae wedi ei anelu at drawsgludwyr a dylech ddehongli cyfeiriadau atoch ‘chi’ felly. Bydd staff Cofrestrfa Tir EF yn cyfeirio ato hefyd.
Dim ond gwybodaeth ffeithiol a chyngor diduedd ynghylch ein gweithdrefnau rydym yn eu darparu. Darllenwch ragor am y cyngor rydym yn ei roi.
Gweminarau
Gallwch ymuno â’n gweminarau di-dâl i gael cyngor ar ystod o bynciau cofrestru tir a sut i baratoi ceisiadau o safon.
Updates to this page
Diweddarwyd ddiwethaf ar 3 June 2024 + show all updates
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Section 7 has been updated to reflect our current practice when a copy of the power of attorney is lodged.
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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.
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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.
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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.
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Section 4 has been clarify that collective delegation of trust powers cannot be effected by enduring or lasting powers of attorney.
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Section 7 has been amended as we will accept a copy power of attorney that has been certified by a chartered legal executive.
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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.
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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.
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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.
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Section 1 has been amended to clarify how a deed should be completed if it is executed by an attorney of a donor.
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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.
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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.
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Section 2.7 has been amended to clarify the extent to which a lasting power of attorney allows the attorney to make gifts.
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Video about How to avoid Land Registry requisitions: Execution of deeds and powers of attorney added
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Section 3 has been amended to explain when collective delegation under section 11 of the Trustee Act 2002 may be effective for registration purposes.
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Section 6 has been amended to reflect that we will no longer accept documents sent by fax.
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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.
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Link to the advice we offer added.
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Welsh translation added.
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First published.