Property deeds—use and execution of deeds in property transactions
Property deeds—use and execution of deeds in property transactions

The following Property practice note provides comprehensive and up to date legal information covering:

  • Property deeds—use and execution of deeds in property transactions
  • Introduction
  • When is a deed required?
  • Statutory requirement
  • Exceptions
  • Other uses of a deed
  • Characteristics of a deed
  • Valid execution of deeds by individuals — Law of Property (Miscellaneous Provisions) Act 1989
  • Statutory requirement
  • What constitutes a signature?
  • More...

Introduction

This Practice Note looks at when deeds are required in property transactions, how deeds are validly executed by individuals in accordance with the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) and the additional requirements for executing deeds which must be adhered to for deeds which are to be submitted to HM Land Registry for registration.

For precedent execution clauses for property deeds, see Precedent: Guide to executing deeds and documents in property transactions.

As well as suggested drafting for attestation clauses for the execution of deeds by individuals, it contains options for, and guidance on, the execution of deeds by:

  1. partnerships

  2. companies

  3. insolvency practitioners

  4. attorneys

  5. charities

For guidance on executing deeds in property transactions by virtual or electronic means, see Practice Note: Remote execution of documents in property transactions—virtual and electronic signatures.

When is a deed required?

Statutory requirement

Section 52(1) of the Law of Property Act 1925 (LPA 1925) requires all conveyances of land, or of any interest in land, to be by deed. Conveyance is widely defined in LPA 1925, s 205 and includes transfers, leases, mortgages and charges.

Exceptions

There are exceptions to the requirements of LPA 1925, s 52(1). These are set out in full in LPA 1925, s 52(2) and include:

  1. assents (although a deed is advisable if covenants are being given)

  2. disclaimers made under sections 178–180 and 315–319 of the Insolvency Act 1986

  3. surrenders

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