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A Power of Attorney which authorises any dealing in land owned by the donor (including selling land or registering leases) must be deposited with the Lands Titles Office [Real Property Act 1886 (SA) s 155]. The Lands Titles Office can give advice on how this should be done. There is a fee payable to the Lands Titles Office when the Power of Attorney is lodged.

If it is not necessary to deal with land now but it might be in the future, the form can still be deposited immediately so as to ensure that it has been completed properly. This avoids the risk that the form will have to be corrected later. This is a problem if it is an enduring power of attorney and the donor is legally incapacitated when the correction needs to be done. In this case, the form could not be corrected, as it is the donor who has to authorise this. Alternatively, the form may be kept in a safe place and deposited when the necessity arises.

Land  :  Last Revised: Tue Jan 10th 2017
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