Electronic signatures and witnessing have become well known across a number of industries for their efficiency and security benefits. That said, there are a handful of legal processes and documentations that have yet to fully accept electronic methods.
HM Land Registry has required physical and ink signatures for decades, until very recently. They have started to shift their operations to electronic formats, experiencing the range of benefits they present.
In this article, we examine HM Land Registry’s shift towards electronic signatures and witnessing and the benefits it is bringing customers and employees.
What is HM Land Registry?
The HM Land Registry is a non-ministerial department that manages the ownership and registry of land and property within the UK. They hold one of the largest databases in the UK, and focus on land registry, ownership rights and leasehold rights with thorough legal documentation.
Before 2020, the legal documentation for HM Land Registry was required to be signed and witnessed in person and in ink. Even though a number of industries were shifting towards electronic signing from legislation like the ESign act in 2000, HM Land Registry stuck with the physical signature process.
That is until 2020, where the department announced the acceptance of electronic signatures in their documentation process. This was a result of a report by the law commission on the electronic execution of documents that outlined the credibility, authenticity and security of the electronic format. As a result, customers and employees were able to enjoy the benefits of an efficient digital alternative.
Benefits of electronic signatures for HM Land Registry.
Speed and efficiency
One of the key advantages of electronic signatures is their speed and efficiency when compared to their physical counterparts. No need to meet in person, mail physical documentation or wait to receive said documentation. Instead, an interface can be used remotely to send a confirmation of signature almost instantaneously, greatly speeding up the property transaction process.
Security and verification
Both government and non-government bodies have collaborated to enhance the security of electronic signatures in recent years. In the EU, the electronic Identification, Authentication and Trust Services (eIDAS) Regulation was introduced in 2014 to enhance the security, interoperability, and acceptance of electronic transactions. As a result, modern electronic signature services are highly secure and robust, which is a strict requirement for land registry.
Cost reduction
Electronic formats for signing and witnessing bring cost savings throughout the process. It eliminates the need for physical documentation, shipping costs, administrative hours and many more. Instead, there is the cost of a dedicated electronic platform which is far less, but offers far more in return.
Environmentally friendly
An extension of the removal of physical documentation and shipping/courier requirements is the environmental benefit. The process results in less waste, less fossil fuels to transport the documentation, and doesn’t need people meeting up to sign and witness. This has a positive impact by spreading sustainability in the real estate sector.
Accessible and convenient
Last but not least, electronic signatures bring accessibility and convenience to customers, clients and employees. Remote signing and access to legal documentation is simple and easy-to-do for everyone involved, reserving time for other important aspects of land registry.
Electronic Witnessing – A Leap Forward
Since the Law of Property (miscellaneous provisions) Act 1989, a land registry deed must be signed “in the presence of a witness who attests the signature.” A witness adds validity to the documentation by having another party that can attest to the signing. If the documentation needs to be brought up in court later, a witness brings an additional layer of legitimacy to the signing.
The Law Commission concluded that electronic witnessing was permissible as well as the use of electronic signatures. Documentation can be witnessed the same way as a wet ink signature, except that the witness who is physically present at the time of the signing would see the signatory adding their signature electronically to a document. For land registry, this means the same benefits that are brought by electronic signatures also befall onto the witnessing process.
The future of electronic signatures with Bonafidee
Bonafidee's secure e-witnessing platform meets all of the legal requirements for witnessing an electronic signature. Our Witness Attestation feature is purpose-built for documents requiring a physical witness.
Capture consent, verification, document presentation and attestation are built into one seamless user flow. As identity verification is at the core of the process, this provides irrefutable evidence that all participants are known, identifiable and fully evidencable.
To find out more about Bonafidee’s holistic electronic signing and witnessing features and how they can benefit your systems, contact a member of our team today or get a demonstration of our platform.
