The Law Society has indicated its initial support for the Lord Chancellor’s Department’s e-conveyancing consultation.
The consultation paper and draft legislation propose to permit the use of electronic conveyancing documents, such as contracts, transfers, mortgages and leases. Current law requires that contracts for the sale of land and legal documents such as trusts transfers and deeds mortgages have to be on paper.
The proposed legislation involves making an order under section 8 of the Electronic Communications Act 2000. The order and the associated land registration rules will then create a legal framework for the use of electronic conveyancing documents. The development of these land law reforms will be complemented by changes to stamp duty legislation.
Michael Napier, president of the Law Society of England and Wales, said: “The Law Society supports moves to speed up the homebuying process through the use of e-conveyancing and we will submit our response in due course.
“The Society will continue to take a leading role in the development of e-conveyancing to ensure solicitors can provide a modern, efficient service for homebuyers, for example, through our work on the National Land Information Service (NLIS), which will be the countrys first ever on-line conveyancing service.”
The consultation paper and draft legislation is at http://www.open.gov.uk/lcd. The consultation period is expected to continue until 25 June 2001.
References: PLS News 20/3/01
