A conveyancing solicitor undertaking a conveyancing process for a buyer should check that all deals and documents have been properly executed. Transfer of a legal estate is usually done through a deed. This article deals with the requirements necessary to make sure that the deed has been properly executed.
Transfer deed of a registered land
As for registered land, a title is always updated by the Land Registry whenever there is a dealing with respect to that land. The Land Registry thus makes sure that all documents are executed before entering a record affecting the register. Thus, it would be unnecessary for a conveyancing solicitor to scrutinise documents that are related to a historic transaction of a registered land.
Transfer deed of an unregistered land
As for unregistered land, a title can be proved by the title deeds and every document should be scrutinised individually to check for a valid execution.
Execution of deeds by an individual
As on or after 31st July 1990, a document can be considered a valid deed when,
- It is signed by the maker.
- The signature is signed and attested. Thus, the signing of the deed must be in the presence of another person who also signs it to signify that he was present at the time of signing the deed. But the same person need not be a witness for all the signatures.
- The document should be intended to be a deed. Such a deed is made expressly. This is made by expressly stating on the document that it is a deed, or by stating that it is executed or signed as a deed.
- The document is delivered as a deed. A deed that is signed by a seller with an intention that he shall be bound by it. When there is a transaction where the solicitor, licensed conveyancer or notary public delivers a document on behalf of a party to the document, the purchaser can safely presume that the solicitor, etc had the authority to do so.
It is also possible for someone to direct another person to sign the deed on his behalf, provided the signature is made in his presence and that there are two witnesses.
As for deeds executed before 31 July 1990, the document had to be sealed, signed (by its maker) and delivered as his deed. The seal was a red self-adhesive circular paper that was placed on the document before being signed. When a document is claimed to be a deed, evidence has to be produced that a seal (or something that represents a seal) was placed on the document at the time of execution of the deed. And if it is proved that a seal was never there, then the document cannot be proved to be a deed.
The problem of delivery of a deed is of intention. Thus, a deed is considered delivered when the maker signs on the seal. Thus, no evidence of delivery of deed is required.
Land Registry practice guide
The Land Registry publishes several guides and other literature to help people with the detailed information regarding conveyancing practices. The same can be found in Land Registry Practice Guide 8 which can be accessed from the Land Registry website, www.landregistry.gov.uk which includes detailed information on the Land Registry’s current requirements.
Photo courtesy: PhillipC
