conveyance of real property power of attorney

They may be signed and executed by the attorney/donee in his own name as such or may be executed by him as acting in the name of and on behalf of the company in the presence of one witness.Ī company may grant the power to convey real property and a person so appointed by it may transfer the property in the name of the donor. The 1996 Act makes special provision in the case of powers of attorney granted by companies to convey property. The advantage of this procedure, which is little used in practice, is that it obviates the necessity of producing the original copy. It is possible to lodge a power of authority with the Central Office of the High Court, verifying its execution by affidavit, statutory declaration or other evidence. In the case of a company or other corporation, it must comply with its own constitutional requirements for the execution of a document as a deed. The Powers of Attorney Act removes the requirement that the grant of the power is under seal. Where the attorney is not executed by the donor but at his direction, it must be signed in another person’s presence. Since the 2009 Land and Conveyancing reforms, deeds need not be sealed but must be witnessed and delivered. Witnessing was not strictly necessary, provided the document was signed, sealed, and delivered. Creation FormalitiesĪ power of attorney did not need to be witnessed, although it was very desirable that it was witnessed from an evidential perspective. Where an instrument is delivered and executed as a deed (formerly under seal) by an attorney, the deed will provide, in the so-called “testimonium” or execution clause, that the person enters the deed under power of attorney. The Powers of Attorney Act now provides a certified copy, certified by a solicitor or a regulated stockbroker to be a true copy of the original, is sufficient evidence thereof. This is in a simple, short form of power of attorney which gives the donor the power to do everything which the donor could himself have done. The 1996 Act provides for a statutory general power of attorney.

Every such instrument obtained is valid as if done by the donor himself. The person granted power under the power of attorney, the donee, can, if given authority, may do any act and execute and deliver any instrument as a deed in his own name, which the donor could himself have done. A power of attorney must be in writing and must be executed as a deed. Land and Conveyancing Law Reform Act 2009Ī power of attorney is a grant of a power by one person (the donor) to another (the donee) to undertake legally significant acts on behalf of the donor.Furnishing to purchaser of power relating to land.Deposit of original instruments in Central Office.Protection of transferee under stock exchange transaction.Protection of donee and other persons where power revoked.Effect of general power in specified form.

Conveyance of real property power of attorney