e-conveyancing

[Donald ramsbottom]

One thing which intrigues me about the new proposals is there is no
information on what type of digital signature is to be used. Nothing on who
a CA is or has to be. How the one million or so domestic transactions per
year (with two sides to each, buyer and seller) are going to get their
digital signatures and how this is going to be verified.

At present for example in my firm if one of my conveyancing solicitors or
executives is dealing with a mortgage, we are required to verify identity
by the lending instituition. I require a passport, driving licence, and 3
current domestic bills. In addition, if the client is unknown to the
conveyancer we take digital photos.

Not all solicitors do even half these checks, but should attempt to verify
identity in some way. Now if passports are anything to go by, and HMG is
the CA of somesort then this whole proposal will be consumed in its own
paper work. Where are these CA's to be located, and who will do it. If the
solicitor can be a CA then it might get somewhere, but if it is sayRoyal
Mail and one or two other big agencies then how will they verify
individuals on this scale quickly enough for it not to affect the
transaction? As people move on average every 7 years there will be chaos
for a lengthy period. Additionally it is not mandatory and will therefore
like land registration probably take the best part of a century to get to
the stage where most transactions are digital.

Then there is the vexed question of the sigs themselves, the public loosing
them, reissue, people dying etc etc. One good thing about a manual sig, is
that you can't ( for most people)forget it, loose it, or obtain it after
death.

The whole idea is to speed up and cheapen conveyancing. I dispute the
cheapening part, but that is not for debate here. What about all the
searches? the search forms may be easy enough to do online, the problem is
with the historical documents they throw up and despite protestations to
the contrary, most local authorities for example, do not have electronic
archives of all the old planning permissions, building regulations
consents, plans, drainage schemes etc etc.

So we have a system which is geared to paper. We have a proposal to do
modify the most crucial part of that system with no infrastructure in
place, or it would seem the vaguest idea of ***exactly*** how it will be
done. We do need to know, you and I and everyone else who owns a home (or
part of it, or aspires to) needs to have confidence in that system.

I have just looked down the list of consulted organisations, and apart from
the office of the E envoy there are no techies on that list! All those
bodies assume (as Nick has said), that the techies will wave a magic wand
and it will all happen. No disrespect is meant by the following remark, but
the techies can't agree whats the best way themselves, so how can those
"lay" instituitions.

Now I may be accused of being a luddite, but I think until someone has
actually got a proposed sytem to be scrutinised by those that know what
they are talking about, then this scheme should be left well alone.

I am not opposed to e signatures or e conveyancing, my firm acts for many
clients on conveyancing matters on every continent. The bulk of which is
done by email (with the clients), and provided you are organised there is
no problem about getting signed documents available for completion.  How
for instance does Mrs X get the requisite e sig to sign over the net from
Oz? Yes there may be CAs over in Oz but which ones are acceptable and which
are not................ The list of "ifs and buts" goes on and on.

No doubt I am being dense on a number of these issues, but on others I
think there is genuine cause for concern. I have not even started on
companies or agency e-sigs........................

Time to go.




Donald Ramsbottom BA LLb (Hons) PGdip
Ramsbottom & Co Solicitors
Internet and Global Encryption Law Specialists & General UK  Law Matters
5 Seagrove Avenue Hayling Island Hampshire UK
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