Property deeds—valid execution by individuals
Property deeds—valid execution by individuals

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

  • Property deeds—valid execution by individuals
  • Signing
  • Witnesses
  • Sealing
  • Delivery
  • HM Land Registry requirements
  • Electronic signatures

To be a deed, an instrument must be validly executed:

  1. by the person executing it or a person authorised to execute it in the name of or on behalf of that person, or

  2. by one or more of the parties to it or a person authorised to execute it in the name or on behalf of one or more of those parties

The references to execution by an individual in Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) do not include execution by a corporation sole or a body corporate.

Signing

An instrument is validly executed as a deed by an individual if:

  1. it is signed:

    1. by them in the presence of a witness who attests the signature, or

    2. at their direction, in their presence and in the presence of two witnesses who each attest the signature

    3. each signature being separately attested where there is more than one signatory, and

  2. it is delivered as a deed by them or a person authorised to do so on their behalf

This provision does not apply in relation to instruments delivered as deeds before 31 July 1990.

Signing and signature includes:

  1. an individual signing the name of the person or party on whose behalf they are executing an instrument, and

  2. making one’s mark on the instrument (however a name printed or typed at the head