Q&As

Are there any circumstances in which parties would not use ‘and delivered’ when executing a deed?

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Produced in partnership with Hannah Maidment of HRC Law
Published on LexisPSL on 26/11/2019

The following Commercial Q&A Produced in partnership with Hannah Maidment of HRC Law provides comprehensive and up to date legal information covering:

  • Are there any circumstances in which parties would not use ‘and delivered’ when executing a deed?
  • Requirements for delivery
  • Are the words ‘and delivered’ necessary?

Under section 1(2) of the Law of Property (Miscellaneous Provisions) Act 1989, a deed must be:

  1. in writing

  2. clear on its face that it is intended to be a deed

  3. executed and

  4. delivered

While a contract takes effect upon execution, a deed takes effect immediately upon delivery and therefore does not necessarily coincide with the execution date. Delivery means, in essence, that the parties intend to be bound by the deed.

Requirements for delivery

An i

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