Conveyancing - additional documentation and need for a second solicitor

Mee

Can any explain this to me?
My Mum has just seen our solictor and was told that another document is required detailing that the private lane at the back of the house (which we are selling) has been used by us. This document needs to be witnessed by someone other than our solicitor. Why is there a need for a second solicitor? He says that he can't witness it, but that it should cost about £7.00 - is this just an oath? I'm confused!

Thanks

DVardysShadow

Mee wrote: »

Can any explain this to me?
My Mum has just seen our solictor and was told that another document is required detailing that the private lane at the back of the house (which we are selling) has been used by us. This document needs to be witnessed by someone other than our solicitor. Why is there a need for a second solicitor? He says that he can't witness it, but that it should cost about £7.00 - is this just an oath? I'm confused!

Thanks

My addition in red. I assume that this is what you mean.

The reason her solicitor cannot witness it is that he and she could later be accused of colluding in making a false declaration. By sending her toanother solicitor, she must carry the can for any porkies herself.

Mee

Thank you.

Richard_Webster

The reason her solicitor cannot witness it is that he and she could later be accused of colluding in making a false declaration. By sending her toanother solicitor, she must carry the can for any porkies herself.

Or put another way, as it is a statutory declaration under the Statutory Declarations Act 1835 ( a formal document, like an affidavit, which is one sworn on oath) it cannot be made before a solicitor who is any way involved with the matter.