A new steering group is being established to oversee the development of the government’s plans to establish electronic conveyancing in England and Wales.
David Lock MP, minister for property law, said that the group will bring together expertise from across government to help deliver a quicker, simpler and more cost-effective service.
The new steering group will build on developments in this field such as the creation of the National Land Information Service and the introduction of electronic searches at HM Land Registry.
“Electronic conveyancing is about much more than substituting e-mail for the typed page – searches could be carried out online, with answers in minutes rather than weeks; contracts, deeds and other documents could be in secure permanent electronic form; and completion of a purchase and an application for registration of the buyer and mortgagee could be completed simultaneously”, said Mr Lock.
The government has also indicated a commitment to resolving legislative obstacles to electronic communication and electronic data storage. Although the Electronic Communications Act 2000 set out a wider legislative framework for assisting e-commerce, there are still legal barriers to e-conveyancing.
Currently conveyances, mortgages, transfers and leases for more than three years must all be made by deed. Deeds must be executed properly – signatures in front of a witness and company seals affixed – and such factors mean that electronic deeds cannot currently be achieved.
The minister has indicated that an order to create a legal framework for electronic contracts for the sale and creation of interests in land and for electronic deeds is currently being drafted, which will be issued for public consultation when completed.
Mr Lock also referred to the preparation of a Land Registration Bill, which is being developed following the consultation paper Land Registration for the Twenty First Century by the Law Commission and HM Land Registry.
References: PLS News 14/11/00
