Power of Attorney & Land Registry

K_and_N

Hi,
Another delay to our already long process of buying a house....:o
We are buying a property from an elderly couple and they needed the Power of Attorney for husband registered with Court of Protection. The registration was started back in July and it was registered last week.
But our solicitor said today that it needs to be registered with the Land Registry as well....:eek:. We weren’t told about it before so we thought once the POA is registered with Court, we can start exchanging contracts.
Of course we want the whole purchase to be done correctly rather than to have problems in future. But it’s been one requirement after another.
Does anyone know if POA needs registering with Land Registry as well? And if they do, how long will it take please?
Thank you in advance for any info.
K & N

G_M

Yes, otherwise how do the Land Registry know they should accept the signature of the attourney as valid?

No direct experience of registering POA with the LR but they are generally pretty efficient these days so a few days from receipt?

K_and_N

Thank you, G_M.

We just heard from the EA that Vendor's solicitor does not think it is necessary and going to talk to ours. So it will be interesting!

Biggles

No. I sold my mother's house with PoA and there was no talk of 'registering' it with the Land Registry.

must-resist-ebay

Your solicitors will have to send a copy of the power of attorney to the Land Registry along with the transfer, sdlt certificate, mortgage etc AFTER completion but it isn't 'registered' before hand.

Flat_Eric

I agree with must resist ebay. The power of attorney (or a certified copy) will be sent to the Land Registry when your solicitor registers your purchase. It is required by the Land Registry as evidence that the person who has signed the Transfer document has the authority to do so because they won't be named as the owner on the Official Copy Entries.

So yes the Land Registry need to see the POA but not before you exchange and therefore I don't see that this should delay matters.

timmyt

K_and_N wrote: »

Hi,
Another delay to our already long process of buying a house....:o
We are buying a property from an elderly couple and they needed the Power of Attorney for husband registered with Court of Protection. The registration was started back in July and it was registered last week.
But our solicitor you dont have an actual 'solicitor' as no solicitor would tell you that said today that it needs to be registered course it doesn't. you have a court approved power of attorney, that is enough, provided the correct attorney signs the TR1, we see it all the time with the Land Registry as well....:eek:. We weren’t told about it before so we thought once the POA is registered with Court, we can start exchanging contracts.
Of course we want the whole purchase to be done correctly rather than to have problems in future. But it’s been one requirement after another.
Does anyone know if POA needs registering with Land Registry as well? And if they do, how long will it take please?
Thank you in advance for any info.
K & N

so get your 'solicitor' to pass the file to someone who knows actual conveyancing within their call centre, and get exchanged on MOnday

good luck

DVardysShadow

timmyt wrote: »

so get your 'solicitor' to pass the file to someone who knows actual conveyancing within their call centre, and get exchanged on MOnday

good luck

:rotfl::rotfl::rotfl:

I agree, but the point would be better made by someone with less vested interest!