The aim of this guide is to advise on the execution of deeds that are to be submitted to HM Land Registry. It is aimed at conveyancers, and you should interpret references to you accordingly.
How to avoid HM Land Registry requisitions
Watch this video about execution of deeds and powers of attorney.
Published 13 October 2003 Last updated 12 December 2022 +show all updates
At the suggestion of one of our customers we have added a worked example to section 9.5.1.
Information about electronic signatures has been transferred to practice guide 82: electronic signatures accepted by HM Land Registry.
Section 13.6 has been added to explain how an electronically signed deed may be amended.
Section 5.1.1 has been amended to include an email address for local authorities to let us know details of their delegated execution authorities. Section 13.3 (our requirements for the use of electronic signatures) has been amended. In particular, the borrower in the case of a mortgage need not have a conveyancer acting for them; the dating of the deed can be done by any partys conveyancer; and the certificate as to compliance with the requirements needs to be dated and signed by an individual conveyancer, their full name and firm must be added and the deed or deeds for which the certificate is given must be specified.
Section 10 has been expanded slightly to clarify the position in respect of counterparts. Section 12 has been amended to confirm that a deed of substituted security can be Mercury signed. Section 13 has been amended to clarify our requirements in respect of electronic signatures. An additional line has been added to the certificate in Appendix 3 so that the deed in respect of which the certificate is given can be specified.
Section 9 has been amended to clarify that the donor must execute a power of attorney as a deed.
Sections 2.4, 7.4, 9.1.1, 9.5.1, 9.5.2, 9.6 and 9.7 have been amended to confirm that where a person is signing on behalf another person or a company, the other persons name or the companys name can be typed or handwritten. The person signing must still sign their name in the normal way. Sections 12.2 and 13.7 have been added to provide links to previous practice on Mercury and electronic signatures.
Section 13 has been amended to clarify a few points. The only substantive amendment is to relax the requirement for all the parties to have conveyancers acting for them in the following situations: only the lender in the case of a discharge or release, the personal representatives in the case of an assent and the donor in the case of a power of attorney need have conveyancers acting for them. Note that this relaxation applies even where the deed was signed before this latest update. Appendix 3 has been added to show an acceptable certificate for conveyancers where an electronic signature has been used.
A new section 13 has been added setting out HM Land Registrys new practice in respect of deeds with electronic signatures and section 10, dealing with counterparts, has been clarified.
Sections 2.1.1, 9 and 12 have been amended to clarify elements of HM Land Registrys new practice relating to deeds that have Mercury signatures, particularly in relation to powers of attorney and forms DS1/DS3.
Sections 1.1, 2.1.2, 10 and 12 have been amended to take account of HM Land Registrys new practice of accepting for registration dispositions effected by deeds that have 'Mercury signatures', and also to clarify its practice in relation to the witnessing of deeds.
