149. Attorneys.

The buyer is entitled to a certified copy of any power of attorney which affects the title (even if in unregistered land the power is dated earlier than the root of title). The buyer must check that the power authorises the transaction and that it has not been revoked before the transaction in question1. Where the seller is a sole legal owner he can delegate his power to sell using a general power under the Powers of Attorney Act 19712. A certified copy of the power should be handed over on completion.

Where there are co-owners, the requirements vary depending on the date of the transaction:

  1.  

    (1)     before 1 March 2000 a co-owner was required to use a specific power of attorney under the Trustee Act 19253 which was only effective for a period of 12 months; under such a power a co-owner or trustee could not appoint his sole co-