Q&As

Where an execution block is amended after execution and delivery of a deed, is the position the same where the amendment occurs both before and after the deed has been delivered and therefore completed?

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Published on LexisPSL on 18/12/2019

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  • Where an execution block is amended after execution and delivery of a deed, is the position the same where the amendment occurs both before and after the deed has been delivered and therefore completed?

Where an execution block is amended after execution and delivery of a deed, is the position the same where the amendment occurs both before and after the deed has been delivered and therefore completed?

The requirements of a deed are set out under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). To be a deed, an instrument must:

  1. be in writing

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

  3. must be validly executed as a deed by the parties (or by persons authorised to execute it in the name or on behalf of the parties), and

  4. be delivered as a deed

While a contract takes effect upon execution, a deed takes effect upon delivery which may not necessarily coincide with the execution date. Delivery does not mean physical delivery. Rather, a deed is delivered when a party makes clear its intention to be bound, regardless of whether that party retains possession of the document. If a party does not want to be bound immediately on execution of the deed, they may use suspensory wording or escrow conditions that set out when the deed is intended to take effect. In such a case, the deed will be executed ‘and delivered’ but, rather than it being delivered as at the date of the agreement, it will be

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