CERTIFICATIONSAuthority/CapacityConveyancers will be expected to obtain appropriate authority from their client. Whatever is obtained must be sufficient to satisfy s164A(3)(d) and 164C(1). The authority must be specific enough to show the conveyancer has authority in relation to each instrument being affected or created. For instance, authority must be obtained from the registered proprietor when acting on the sale of a property. If there is a mortgage registered over the property, authority must also be obtained from the mortgagee. While the exact form of the authority may vary, the essential point is that evidence is obtained. The New Zealand Law Society are issuing guidelines to specify what it considers is sufficient for this purpose. The Registrar-General of Land will also be specifying requirements that will ensure satisfaction of this obligation. In addition, the conveyancer must ensure, as far as is possible, that the person giving the authority has legal capacity. For instance, evidence of age should be checked to ensure that the person is not a minor. Certifications |