Q&As

Where unregistered property has been transferred prior to 2002 from a sole owner’s name into the joint names of himself and his wife but the signatures on the transfer were witnessed by their grandson, does this invalidate the transfer?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 13/03/2017

The following Property Q&A Produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where unregistered property has been transferred prior to 2002 from a sole owner’s name into the joint names of himself and his wife but the signatures on the transfer were witnessed by their grandson, does this invalidate the transfer?

We have assumed for the purposes of this Q&A, that the transfer referred to was made by way of deed. As per sections 52 and 54 of the Law of Property Act 1925, save in exceptional cases, the creation and transfer of land requires a deed. If it is not made by deed, it will be void for the purpose of conveying or creating a legal estate.

The requirements for the same derive from both the common law and statute. There are four key requirements as follows, that a deed must be:

  1. in writing

  2. clear on the face of the instrument that it is intended to take effect as a deed

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