Leagl help needed regarding mooring rights.

AntarcticPilot

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Interesting. From what you say someone could decide to be baptized with a different name to the one they were given, would that have any legal standing for things like passports? The person would then have a different Christian name to given name and may continue to use the latter rather than the former if they liked. Complicated!
Interesting question! And the answer is that a name change in adult years would NOT be valid for official purposes UNLESS a notarized declaration of change of name was made. My late wife encountered exactly this when applying for a passport renewal. Her birth certificate was only in her Chinese name; the western-style name that she usually used in the UK wasn't on it. She applied using her married name, including the western name, without really thinking about it - it's the form she had been using for everything, so it was well embedded in officialdom - her driving license, NI and NHS were all in the form that she gave. The passport office refused to issue a new passport until she made an official notarized declaration of her name - not expensive; even a lawyer could only charge around £5 for it. They were quite happy with her change of surname - her marriage certificate covered that. It was the additional forename that was the problem. They couldn't just issue it in her Chinese name alone because other official documents had the form she actually used!

Most of the current generation of Hong Kongers are given a western style name at birth, but my late wife didn't adopt one until she came to school in the UK in her teens.
 

gordmac

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The forum has a long tradition of thread hijacking! Mind you, apologies to the op, hope the issue was sorted to their satisfaction.
 

Bru

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Interesting. From what you say someone could decide to be baptized with a different name to the one they were given, would that have any legal standing for things like passports? The person would then have a different Christian name to given name and may continue to use the latter rather than the former if they liked. Complicated!

Interestingly, in a strictly legal sense you can go by any name you like and, again strictly speaking, there is no need for any formal legal process to change your name

However, in reality for some purposes at least you do have to prove that you are who you say you are hence the need mentioned earlier for a declaration - passports being one area where the authorities insist on some formal declaration of a name change

You can change your name by "deed poll" (as such a declaration is still called in many circles even though the formal deed poll through the courts ceased to exist many moons ago) yourself, there is no actual need to engage professional services. However, a notarised declaration is less likely to be challenged and for what it costs is probably worth it
 

Bru

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Interesting question! And the answer is that a name change in adult years would NOT be valid for official purposes UNLESS a notarized declaration of change of name was made.

It doesn't actually need to be notarised

You can make the declaration in the proper form yourself with two indepdent witnesses and it is legally valid for all relevant purposes. However, a notarised declaration is less likely to be queried or quibbled over
 

AntarcticPilot

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It doesn't actually need to be notarised

You can make the declaration in the proper form yourself with two indepdent witnesses and it is legally valid for all relevant purposes. However, a notarised declaration is less likely to be queried or quibbled over
As far as I recall, the Passport Office insisted on it being notarized. I may be wrong about the details (it was some years ago), but it certainly had to be done by a solicitor. It was - by legal standards! - cheap; the local solicitor charged less than £10. I suspect that you might get it free if you took a declaration in the right form to your bank; banks can usually notarize things and may do so as a customer service.

As you say, in general you are free to call yourself whatever you like, as long as there's no intent to defraud or mislead. But the Passport Office is an exception.
 
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ashtead

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Did we ever hear more from the OP about life with his Warden ? I feel a few photos might assist our understanding . I recall such characters from my university days however I suspect this one has a different agenda to acting as a boarding house master. What curious is the OP said he had only been there a short time so what sort of tenancy agreement did he sign? I assume maybe naively a written agreement exists with payment or rent in return for quiet enjoyment of certain services? Hopefully the OP hasn’t been evicted from the forum or put off by all this thread drift.
 

Bru

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Did we ever hear more from the OP about life with his Warden ? I feel a few photos might assist our understanding . I recall such characters from my university days however I suspect this one has a different agenda to acting as a boarding house master. What curious is the OP said he had only been there a short time so what sort of tenancy agreement did he sign? I assume maybe naively a written agreement exists with payment or rent in return for quiet enjoyment of certain services? Hopefully the OP hasn’t been evicted from the forum or put off by all this thread drift.

I have had a private discussion with the 2OP and offered advice and direction in so far as is possible. I think it is probably obvious that many of the details are best not discussed in a public place.
 

Capt Popeye

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Very Sorry about the FRED DRIFT ; but , An interesting discussion on name changing , I was Registered as having 2 surnames on my Original Birth Certificate , due to my Father adopting (made it up) a new false name when enlisting into the Services during WW1 ; false because he was under age for enlisting , having been refused Enlistment due to him being Under Age at his first attempt .
As it turned out he was shipped out of Europe badly injured to England , whereapon his New Identity was confirmed , forever more ; as His Demob and War Pension were issued in His false name , so henceforth a new Identity ; but His original name was also registered as His Name on His Certificates ; hence me being a WW2 chid being given both his Original and Adopted Sir /Second Names
 

mattonthesea

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My mother thought I'd feel left out if I had a different last name (the one on my birth certificate) from my siblings so I grew up with their last name. When it came to me getting a passport she wrote an accompanying letter which was accepted. So my passport and birth certificate are different and the only people who took any notice were the hospital where I trained!
 

Capt Popeye

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That's interesting, though I thought Popeye wasn't around until the thirties. Your old dad was obviously prescient!

Yea well , I guess that I most probably adopted a New Name (Popeye) as was more suitable than my Christian Name given me at my Birth and used at my Christening ? : maybe I should inform /apply to the Authorities to recognise my prefered name ? {:)#

Must say that I have used my Boating activities far more than my Religious teachings over my life time , so just maybe Popeye is my best name ?
 

ean_p

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As far as I recall, the Passport Office insisted on it being notarized. I may be wrong about the details (it was some years ago), but it certainly had to be done by a solicitor. It was - by legal standards! - cheap; the local solicitor charged less than £10. I suspect that you might get it free if you took a declaration in the right form to your bank; banks can usually notarize things and may do so as a customer service.

As you say, in general you are free to call yourself whatever you like, as long as there's no intent to defraud or mislead. But the Passport Office is an exception.
Chapter & verse........
Deed Poll Office (D·P·O)
 

Bru

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Ahem

That "chapter and verse" is from a commercial organisation, one of many, whose purpose in life is to make money out of you.

They quote an impressive list of ancient legal precedents etc most if not all of which have no relevance whatsoever in modern law

They openly admit that they are staffed by "paralegals" ... in other words, their staff are not legally qualified
 

savageseadog

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Ahem

That "chapter and verse" is from a commercial organisation, one of many, whose purpose in life is to make money out of you.

They quote an impressive list of ancient legal precedents etc most if not all of which have no relevance whatsoever in modern law

They openly admit that they are staffed by "paralegals" ... in other words, their staff are not legally qualified
"Paralegal" doesn't mean they are are "not legally qualified", it means they aren't a Solicitor or Barrister. Some paralegals might be qualified legal executives, members of the Institute of Legal Executives. I'm not certain but paralegal might also mean anyone a Solicitor or Barrister nominates, such as assistants that do property conveyancing.

Regarding change of name and Deed Polls, I reckon you can draft a Statutory Declaration to the effect that you are using a new name and have it sworn and witnessed by a Solicitor. Cost used to be a few pounds.
 
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Bru

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"Paralegal" doesn't mean they are are "not legally qualified", it means they aren't a Solicitor or Barrister. Some paralegals might be qualified legal executives, members of the Institute of Legal Executives. I'm not certain but paralegal might also mean anyone a Solicitor or Barrister nominates, such as assistants that do property conveyancing.

Regarding change of name and Deed Polls, I reckon you can draft a Statutory Declaration to the effect that you are using a new name and have it sworn and witnessed by a Solicitor. Cost used to be a few pounds.

Paralegal can mean a multitude of things. In respectable law firms it does mean what you say. However, online rip-off merchants masquerading as official looking organisations ...

As I've already said, you don't even need a solicitor or any form of officialdom, a suitably written declaration signed by two independent witnesses is all that is legally required.

And although some organisations, eg the passport office, want the declaration notarised that can be done for a modest amount of money by any Notary and you can apply to enroll the "deed poll" (register it with the courts and thus enter your name in the official record) yourself for less than £50

(I know somebody who has done just this quite recently. They were already using the services of a solicitor in connection with the reasons they wanted to change their name and their solicitor told them how to DIY it rather than pay them to do it! An honest solicitor eh? Who'd have thunk it?)
 

ean_p

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Ahem

That "chapter and verse" is from a commercial organisation, one of many, whose purpose in life is to make money out of you.

They quote an impressive list of ancient legal precedents etc most if not all of which have no relevance whatsoever in modern law

They openly admit that they are staffed by "paralegals" ... in other words, their staff are not legally qualified
Is what they say wrong??
 
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