• Power Of Attorney Name Vs Land Registry Name

    By Guest on 17th Aug 2015

    The seller of a property has granted power of attorney, on this document she added a second middle name that she used but was not born/registered as, Land Registry has her property listed with only one middle name, the sellers solicitor is advising is to say on the TR1 form that the seller used both names, buyers solicitor says the names should match, sellers solicitor say they will not update the name with land Registry nor give a full guarantee to resolve any issues that may arise with land registry. Buyers solicitor stands buy the names should match, who is correct?

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    By Guest on 18/08/2015

    Hi,

    It is impossible to predict with certainty how the land registry will react here and they will not give an opinion until the application to register the transfer is lodged (at which point completion will of course have already taken place). On a strict interpretation of the rules they should raise a requisition asking for evidence that both the donor and the proprietor are one and the same person or a statement from a conveyancer to that effect. With that in mind the buyer's conveyancer is correct. Updating the proprietor's name on the register is free and should only take a few days. My view is that if the seller's conveyancer is completely confident there will be no requisitions then there is no reason not to give an undertaking that he will deal with any that arise but if on the other hand he does think there is a risk then it is unreasonable to expect the buyer to take on the risk.

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