-- Capital receipt by trustees needs two signaturesThe Trustee Delegation Act 1999 comes into force on 1 March 2000.

From that date a joint proprietor who grants a power of attorney should appoint a third party as the attorney, not another joint proprietor.

This is because, under section 7, one person cannot give a valid receipt for capital money if acting either both as trustee and attorney for the other trustee(s) or as attorney for all the trustees.Effectively this means that, if beneficial interests under the trust of land are to be overreached, there must be a minimum of two separate signatures on any disposition of land owned by joint proprietors.For a transitional period attorneys appointed under enduring powers dated before 1 March 2000 will not need to comply with Section 7.

This period will last for one year, or longer if the power is registered.

Otherwise section 7 applies to any disposition dated on or after 1 March 2000, whatever the date of the power of attorney.-- Easier ways to create powers in co-ownership situationsThe Act allows a joint proprietor who has a beneficial interest in the land to act through an attorney appointed under a general or specific power dated on or after 1 March 2000.Under section 2 a statement signed by the attorney within three months of the date of the disposition is conclusive evidence of the existence of that beneficial interest.

The Land Registry suggests the following statement be included in the disposition (in the additional provisions panel in the case of a transfer):'(Name of attorney) confirms that (donor of the power) has a beneficial interest in the property on the date of this document.' Alternatively, the attorney could incorporate the statement in the attestation clause as follows:'Signed as a deed by (full name of individual), who has a beneficial interest in the property at the date hereof, acting by his/her attorney (full name of attorney) in the presence of.'The attorney can also make the statement separately, provided it is dated not more than three months after the document.Joint proprietors who do not have a beneficial interest in the land should only appoint attorneys in accordance with section 25 of the Trustee Act 1925, as substituted by the 1999 Act.Attorneys appointed under enduring powers dated before1 March 2000 can continue to exercise trustee functions during the transitional period mentioned above.After that period these attorneys will be in the same position as those appointed under any other non-Trustee Act power -- they will only be able to act for a joint proprietor who has a beneficial interest.-- Practice leaflet 32The Land Registry has produced a practice leaflet on powers of attorney incorporating details of the changes that the 1999 Act will cause to land registry requirements.

Credit account holders will receive a copy of the leaflet shortly.Land Registry leaflets are available free of charge from any district land registry or by writing to the Information Centre at Land Registry HQ, Lincoln's Inn Fields, London WC2A 3PH, DX 1098 London/Chancery Lane, fax: 0171 955 0110, tel: 0171 917 8888, and choosing general enquiries.