Q&As

Is there a difference between a document which is ‘signed as a deed’ and one which is ‘executed as a deed’? Does this differ if being signed or executed by an individual or attorney?

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Published on LexisPSL on 26/04/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Is there a difference between a document which is ‘signed as a deed’ and one which is ‘executed as a deed’? Does this differ if being signed or executed by an individual or attorney?
  • Signed or executed as a deed
  • Requirements for deeds relating to specific subject matter
  • Significance of the entity signing or executing a deed

Is there a difference between a document which is ‘signed as a deed’ and one which is ‘executed as a deed’? Does this differ if being signed or executed by an individual or attorney?

Signed or executed as a deed

The wording of section 1(2) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) confirms that an instrument must make clear on its face that it is intended to be a deed. LP(MP)A 1989, s 1(2) states:

‘(2) An instrument shall not be a deed unless—

(a) it makes it clear on its face that it is intended to be a deed by the person making it or, as the case may be, by the parties to it (whether by describing itself as a deed or expressing itself to be executed or signed as a deed or otherwise)’

Therefore, an instrument that describes itself as being executed by deed, and an instrument that describes itself as being signed by deed will both constitute deeds (provided the other requirements in (LP(MP)A 1989, s 1(2) are met). From the wording of this section,

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