Title Cancellation and Registration

Prepared by: Constantinople

Scope of Authority and Instructions

Authority to sell at the land registry does not remove the representative's duty to protect the principal's interests. However, not every transaction you consider contrary to instructions directly results in title cancellation. The power of attorney, actual instructions, sale terms and buyer's position are assessed together. An accounting or damages claim against the representative differs from a claim against the registered owner.

Payment and the Transfer Chain

First collect the power of attorney, any written instructions and revocation documents. The official sale deed, value at transfer, bank movements and recipient of the price also matter. Kinship or a business relationship between representative and buyer does not alone decide the outcome; it gains meaning alongside other evidence. Any subsequent sale is investigated separately.

The Buyer's Legal Position

The position of a third party relying on the register is particularly important. An allegation that the buyer knew or ought to have known of the representative's breach must be substantiated. Records, payment and chronology should therefore be compared instead of basing the action solely on rumours of a low price. If another transfer threatens, provisional protection is assessed separately.

File Review

Old powers of attorney given to relatives by owners abroad receive particular attention in these files. In a paid assessment, we determine available claims and respondents, official documents needed and representation scope. Cancellation or revocation of a power of attorney does not, by itself, reverse the legal consequences of an earlier completed sale.