Electronic Signatures at the Land Registry

Electronic Signatures at the Land Registry

Electronic Signatures at the Land Registry

The Land Registry (‘HMLR’) has recently released notification that they plan to accept digital signatures on the paperwork they accept from conveyancers which gives effect to property transfers.

The technology and legal requirements to enable HMLR to accept digital signatures has been in place for some time but, quite wisely, HMLR have been sitting on it before taking the plunge.

There will be five categories of documents HMLR will accept with digital signatures and these include:

  • Deeds (like a typical transfer deed parties execute when buying and selling property);
  • Discharges (when releasing a charge from a property, like paying off a mortgage); and
  • Powers of attorney.

HMLR are keen to assist the progress of conveyancing as a sector and hope these changes, slated to come into effect ‘in the near future’ will assist.  While conveyancing was in a relative state of flux during the recent lockdown it is not clear whether digital signatures would have made that much difference to the speed and accessibility of completing documents.

There are also questions of security.  Property fraud is already a very real risk to homeowners, lenders and conveyancers to remove a key security feature of ‘wet signatures’ (actual signatures made by the person’s own hand) is a big step.

Mike Harlow, Land Registry’s general counsel, confirmed, ‘our hope is that in the near future qualified electronic signatures [a specific type of electronic signature which is more secure] become more commonplace and the service providers tailor their use to conveyancing. If they do develop to be a successful option for completing property transactions, we will review the use of electronic signatures [basic types of electronic signatures] and may withdraw their acceptance, which would leave only the more secure qualified electronic signatures in use.’

Further news from HMLR is hotly awaited.

If you are looking to buy or sell your home, GoodyBurrett will happily provide you with a free, no obligation quote or maybe you would like to make a new or amend your existing Will and or Lasting Power of Attorney?  Our Private Client team would be more than happy to answer any questions you may have.  You can contact us via telephone 01206 577676 or email [email protected] for more information.

 

If you have any questions on the above points

Contact GoodyBurrett on 01206 577676 or email [email protected]

COVID-19 and the Family Courts

COVID-19 and the Family Courts

COVID-19 and the Family Courts

As we all know by now, COVID-19 has had a dramatic impact on every aspect of our lives. The Family Court in England and Wales are no exception and have had to find and adapt to a new way of working.  Despite the pandemic, life continues and people still require the assistance of the Court. The Courts are still operating and have reported that save for a dip in the first few weeks of lockdown, the volume of applications being made has either remained at the usual levels or have significantly risen.

At the start of lockdown, the Court buildings and Courtrooms were closed and hearings were taking place on a remote basis by telephone or SKYPE. A number of Court buildings and Courtrooms have started to reopen but they are still not able to run at full capacity because of the social distancing measures. It seems as though the majority of hearings are still proceeding on a remote basis.

As well as the Courts adapting to a new way of working, legal professionals have also had to do the same. As hearings have been taking place remotely, pre-hearing discussions and post-hearing discussions have had to take place at convenient times in advance of hearings, as opposed to being at Court on the day. It could be argued that despite there being new working practices during these times, the public have still been able to access justice, despite us being in the midst of a public health emergency.

The Courts have made it clear that there will not be an immediate return to the usual way of working. The Courts are introducing a hybrid method whereby some parties are physically in attendance at Court and others are in attendance remotely via Skype. This has allowed more cases to be heard whilst still adhering to the current social distancing guidelines. The Courts are unlikely to return to a full working capacity until 2021 but in the meantime, the Family Courts are continuing to run at an effective rate, ensuring that people that require the Court’s assistance are able to continue to do so.

If you would like advise on any family matters, our team of family solicitors are always available to help.  Feel free to  contact us for more information.

 

 

 

If you have any questions on the above points

Contact GoodyBurrett on 01206 577676 or email [email protected]