Solicitors in Birmingham investigate Power of Attorney

Conveyancing Solicitors in Birmingham acting for buyers sometimes come across property sales where a home is being sold under a Power of Attorney. This means that the owner is for one reason or another unable to deal with the sale themselves, and has appointed someone to act on their behalf.

Birmingham Conveyancing Solicitor Erica Scarlett found this when acting for the buyers of a semi-detached freehold house on Redacre Road, Sutton Coldfield, Birmingham, West Midlands, B73 5EE. Having received a copy of the registered title from the Birmingham Conveyancing Solicitors acting for the sellers, BMG of 7b Newton Road, Great Barr, Birmingham, West Midlands B43 6AA, she also received a copy of the document creating the power which had been signed by the registered owner.

Checking that the attorney is properly authorised to act for the registered owner

It was essential that she checked that this document was in order. Normally a property transfer must be formally signed by the registered owner. When one is signed by someone else the land registry will refuse to register the transfer unless they are satisfied that person was properly authorised to sign.

There are several different forms of Power which may now be encountered, and Conveyancing Solicitors in Birmingham have to be familiar with various relevant legislation, depending upon which form has been used. For example if an owner is living abroad then he or she may appoint someone as their attorney just to deal with the sale and for no other purpose. However it is more common to find that an owner has created a 'lasting' power (or before 2007 an 'enduring' one) which allows the attorney to act when an owner is mentally or physically incapable of dealing with their own affairs.  

Having satisfied herself that everything appeared to be in order, and that the papers had been duly registered with the courts, Erica asked the seller's Birmingham Conveyancers to provide a properly certified copy which would satisfy the land registry. Since the owner of the property was no longer residing there, Erica had to advise her clients that they could not expect replies to any enquiries about the house to be so informative as they might expect from a resident vendor.

Local agents Green and Co of 7 Boldmere Road, Sutton Coldfield, Boldmere, B73 5UY handled the sale on behalf of the owner, and they were grateful for Erica's assistance in progressing the purchase on behalf of the buyers.

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